How Appealing

Saturday, November 18, 2017

"Nevada Supreme Court ruling could expose MGM Resorts in Las Vegas shooting": Jeff German of The Las Vegas Review-Journal has an article that begins, "Just days after the Oct. 1 shooting, a Nevada Supreme Court panel issued a decision that could sharpen questions about the adequacy of security at Mandalay Bay and increase its liability."
Posted at 10:06 PM by Howard Bashman


"Special Session: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived." The Federalist Society has posted on YouTube this video of a panel presentation from earlier today.
Posted at 08:35 PM by Howard Bashman


"Why Are Corruption Cases Crumbling? Some Blame the Supreme Court." Alan Feuer has this front page article in today's edition of The New York Times.
Posted at 02:36 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Mirror, Mirror, on the Wall . . . Who is the most scholarly of them all?" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 02:08 PM by Howard Bashman


"Gorsuch Takes Aim at Regulations with Humor, 'Love'": Patrick Gregory of Bloomberg BNA has this report.
Posted at 02:03 PM by Howard Bashman


"Trump Names Supreme Court Candidates for a Nonexistent Vacancy": Michael D. Shear of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that "Trump names five more Supreme Court contenders."

Richard Wolf and Gregory Korte of USA Today report that "Trump adds five names to list of potential Supreme Court justices."

Dave Boyer of The Washington Times reports that "Trump announces five more judges to be considered for Supreme Court."

Chris Sommerfeldt of The New York Daily News reports that "President Trump unexpectedly adds five hardline conservatives to Supreme Court nominee list."

Tamar Hallerman of The Atlanta Journal-Constitution reports that "Trump floats another Georgia judge as possible Supreme Court pick."

Justin Wingerter of The Oklahoman reports that "Oklahoma Supreme Court judge joins Trump's list of possible SCOTUS picks."

The Associated Press reports that "Trump adds 5 judges to potential Supreme Court nominee list."

Kevin Liptak and Ariane de Vogue of CNN.com report that "Trump adds five to his Supreme Court list -- but there's still no vacancy."

Nolan D. McCaskill of Politico.com reports that "Trump releases updated short list of potential Supreme Court nominees."

And John Eggerton of Broadcasting & Cable reports that "Judge Kavanaugh On Latest Trump Supreme Court List; Is familiar face and voice in FCC decision challenges."
Posted at 02:00 PM by Howard Bashman



"Ohio Supreme Court Justice Bill O'Neill is unfit for any public office": The Cleveland Plain Dealer has published this editorial.
Posted at 01:23 PM by Howard Bashman


Friday, November 17, 2017

"Sitting Supreme Court Justice Bill O'Neill, responding to Franken allegations, claims bedding 50 women": Seth A. Richardson of The Cleveland Plain Dealer has this report.

And Marty Schladen and Randy Ludlow of The Columbus Dispatch report that "O'Neill discloses 50 lovers, decries media hysteria over sexual harassment."
Posted at 08:50 PM by Howard Bashman



"Trump Adds Five to List of Potential Supreme Court Picks": Greg Stohr of Bloomberg News has this report.
Posted at 05:54 PM by Howard Bashman


"Four Thoughts on the Briefing in Carpenter v. United States": Orin Kerr has this post at the "Lawfare" blog.
Posted at 05:00 PM by Howard Bashman


"Judge Ruchie, the Hasidic Superwoman of Night Court": Sharon Otterman will have this interesting article in Sunday's edition of The New York Times.
Posted at 04:42 PM by Howard Bashman


"President Donald J. Trump's Supreme Court List": The White House posted this document online today.
Posted at 04:38 PM by Howard Bashman


"Neil Gorsuch reflects on 'surreal' court tenure": Ariane de Vogue of CNN.com has this report.
Posted at 01:32 PM by Howard Bashman


"Why is the American Bar Association changing how it reviews potential judges? Experience, not ideology, is what the ABA should focus on." Ronald A. Cass has this essay online at The Washington Post.
Posted at 01:23 PM by Howard Bashman


"Corruption Case Against Senator Menendez Ends in Mistrial": Nick Corasaniti and Nate Schweber have this front page article in today's edition of The New York Times.
Posted at 01:07 PM by Howard Bashman


"Former inmate gets second chance from state Supreme Court": Andrew Binion of The Kitsap (Wash.) Sun has this report.

Austin Jenkin of Northwest Public Radio reports that "Prison Inmate Turned Law Graduate Gets Day In Court In Fight To Become Lawyer."

And online at The Atlantic, Josh Jacobs has an article headlined "Why It's Difficult for Former Inmates to Become Lawyers; State bar associations often have ambiguous character requirements that preclude their admission."
Posted at 01:00 PM by Howard Bashman



"Conservative group with major role in picking Trump judicial nominees proposes court-packing scheme; They aren't even being subtle": Ian Millhiser has this essay online at ThinkProgress.

The essay reports on a memorandum written by law professor Steven G. Calabresi and Shams Hirji titled "Proposed Judgeship Bill."

Earlier this week, Calabresi and Hirji had an essay titled "Republicans Should Expand the Federal Courts; Judges face a 'crisis in volume' -- and Trump would appoint the new ones" online at National Review.
Posted at 10:48 AM by Howard Bashman



"Grassley shouldn't be Trump's errand boy in takeover of courts; Grassley should stand up for justice, independence": The Des Moines Register has published this editorial.
Posted at 10:40 AM by Howard Bashman


"Trump's Flurry Of Judge Appointments Will Reshape Judiciary": That was the title of Wednesday's broadcast of "On Point" with Tom Ashbrook on WBUR Radio. You can listen to the audio via this link.
Posted at 10:35 AM by Howard Bashman


"Wireless carriers on mute as U.S. top court hears big privacy case": Lawrence Hurley and Dustin Volz of Reuters have this report.
Posted at 10:32 AM by Howard Bashman


"Gorsuch takes victory lap at Federalist dinner": Josh Gerstein of Politico.com has this report.
Posted at 08:40 AM by Howard Bashman


Thursday, November 16, 2017

"Grassley schedules judicial hearings despite 'blue slip' concerns; Hearing for David Stras and Kyle Duncan set for Nov. 29": Alex Swoyer of The Washington Times has this report.

Stephen Montemayor of The Minneapolis Star Tribune reports that "U.S. Senate will proceed with stalled nomination of Minnesota's Stras for Appeals Court; Over Sen. Al Franken's objections, panel to go ahead with judge nomination hearing."

And Bryn Stole of The Advocate of Baton Rouge, Louisana reports that "Federal Fifth Circuit nominee from Louisiana to get hearing, despite lack of endorsement from Sen. John Kennedy."
Posted at 10:24 PM by Howard Bashman



"This ex-Fidelity worker won at the Supreme Court. Now a Boston jury will decide if she is a true whistle-blower." Columnist Shirley Leung has this essay online at The Boston Globe.
Posted at 08:25 PM by Howard Bashman


"Snyder expected to name Chief Legal Counsel Beth Clement to Michigan Supreme Court": Paul Egan of The Detroit Free Press has this report.
Posted at 08:14 PM by Howard Bashman


"She's fought gerrymandering and voter ID. Now she wants a NC Supreme Court seat." Anne Blythe of The News & Observer of Raleigh, North Carolina has this report.
Posted at 08:10 PM by Howard Bashman


"Supreme Court Ruling Could Limit Workplace Harassment Claims, Advocates Say": Yuki Noguchi had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:06 PM by Howard Bashman


"Supreme Court Justice Neil Gorsuch to speak at Stockton": Claire Lowe of The Atlantic City Press has this report.
Posted at 08:04 PM by Howard Bashman


"Trudeau's Supreme Court pick tangled in race, gender politics": Sean Fine of The Toronto Globe & Mail has this news analysis.
Posted at 08:00 PM by Howard Bashman


"Democrats Just Lost One Of The Only Ways They Could Block Trump's Judicial Nominees": Zoe Tillman of BuzzFeed News has this report.
Posted at 05:36 PM by Howard Bashman


"Grassley rips up 'blue slip' for a pair of Trump court picks": Seung Min Kim of Politico.com has this report.
Posted at 04:56 PM by Howard Bashman


"As judiciary nominees come quick, Democrats cry foul": David Shortell of CNN.com has this report.
Posted at 03:32 PM by Howard Bashman


"Same-sex marriage foes stick together despite long odds": Richard Wolf of USA Today has this report.
Posted at 03:22 PM by Howard Bashman


"Senate quickens pace of approving Trump judicial picks": Andrew Chung of Reuters has this report.
Posted at 03:18 PM by Howard Bashman


Second Circuit Chief Judge Robert A. Katzmann and Sixth Circuit Judge Jeffrey S. Sutton spoke at the National Constitution Center earlier today about "Federal Judges, Statutory Construction, and Federalism": You can view the video of the discussion on YouTube via this link.
Posted at 01:52 PM by Howard Bashman


"Hargan v. Garza And The (Near) Future Of Abortion Access": Leah Litman has this post at the "Take Care" blog.
Posted at 01:40 PM by Howard Bashman


"Free speech at the Supreme Court: The justices dive into new abortion controversy; Can a state require pro-life pregnancy centres to alert women of government-funded abortions?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:37 PM by Howard Bashman


"ABA committee member provides context to 'you guys' comment in Grasz interview": Debra Cassens Weiss has this post online at ABA Journal.
Posted at 01:35 PM by Howard Bashman


"Late Discovered Conflicts at SCOTUS Show Need for New Checks": Kimberly Robinson of Bloomberg BNA has this report.
Posted at 01:32 PM by Howard Bashman


Wednesday, November 15, 2017

"Texan Don Willett grilled by Senate Democrats at judicial hearing": Maria Recio of The Austin American-Statesman has this report.
Posted at 10:30 PM by Howard Bashman


"6th Circ. Reverses Contempt Ruling In Gym Users' Fee Suit": Dave Simpson of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:08 PM by Howard Bashman


"Two more women describe unwanted overtures by Roy Moore at Alabama mall": Stephanie McCrummen, Beth Reinhard, and Alice Crites of The Washington Post have this report.
Posted at 08:40 PM by Howard Bashman


"Texans Willett and Ho grilled by Democrats for appeals court posts": Nicole Cobler of The Dallas Morning News has this report.

Kevin Diaz of The Houston Chronicle reports that "Senate Democrats look askance at Justice Don Willett's tweet on transgender teen."

Douglas Ernst of The Washington Times reports that "Patrick Leahy says bacon joke by Trump judicial nominee is same-sex marriage 'attack.'"

Emma Platoff of The Texas Tribune reports that "Don Willett defends controversial tweets as jokes at confirmation hearing before U.S. Senate."

Jennifer Bendery of HuffPost reports that "Trump Court Pick Says He Was Joking When He Compared Gay Marriage To Marrying Bacon."

And at The Weekly Standard, Jenna Lifhits has a post titled "Willett Ever Stop? Democrats grill a popular judicial nominee over his Twitter jokes."
Posted at 07:40 PM by Howard Bashman



"He became a SEAL to fight terrorists. Now he's a Navy lawyer defending an accused one." Carol Rosenberg of The Miami Herald has this report.
Posted at 05:52 PM by Howard Bashman


"Republicans Are Accusing The Country's Biggest Lawyers Group Of Shilling For Liberals": Zoe Tillman of BuzzFeed News has this report.
Posted at 05:48 PM by Howard Bashman


"HLS in the World | A Conversation with Federal Judges About Federal Courts." Harvard Law School recently posted this video on YouTube. All three of the federal judges on the panel serve on the U.S. Court of Appeals for the D.C. Circuit.
Posted at 02:15 PM by Howard Bashman


"Chief Justice Roberts Returns to Law School for Moot Court Final": Jamie D. Halper of The Harvard Crimson has this report.
Posted at 02:10 PM by Howard Bashman


"James C. Ho -- Nominee to the U.S. Court of Appeals for the Fifth Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 10:12 AM by Howard Bashman


View live, online today's Senate Judiciary Committee confirmation hearing for Fifth Circuit nominees James C. Ho and Don R. Willett: Via this link. The hearing should be starting momentarily.
Posted at 10:04 AM by Howard Bashman


"Texans Willett and Ho prepare for Senate grilling for appeals court posts": Nicole Cobler of The Dallas Morning News has this report.

And Dianna Wray of the Houston Press has an article headlined "Are Voters Ready to Elect a Gay Judge to the Texas Supreme Court?"
Posted at 08:44 AM by Howard Bashman



"Justice Don Willett -- Nominee to the U.S. Court of Appeals for the Fifth Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 08:30 AM by Howard Bashman


Tuesday, November 14, 2017

"Eric Holder's Battle Against Gerrymandering": David Daley has this post online at The New Yorker.
Posted at 09:50 PM by Howard Bashman


"Oppose the Confirmation of Don Willett to the U.S. Court of Appeals for the Fifth Circuit": Vanita Gupta, President & CEO of the Leadership Conference on Civil and Human Rights, issued this letter today.
Posted at 08:24 PM by Howard Bashman


"In California, anonymity for online reviewers is slipping away": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 08:12 PM by Howard Bashman


"Defense in Menendez case pushes for mistrial as jurors fail to reach verdict": Thomas Moriarty and MaryAnn Spoto of The Newark (N.J.) Star-Ledger have this report.

And Nick Corasaniti of The New York Times has an article headlined "No Verdict After Jury Resumes Deliberations in Menendez Trial."
Posted at 08:06 PM by Howard Bashman



"Connecticut Supreme Court Hears Newtown Families' Appeal Against Gun Companies": Rick Rojas and Kristin Hussey of The New York Times have this report.

And Rob Ryser of The News-Times of Danbury, Connecticut reports that "Sandy Hook families make case against gunmaker in state Supreme Court."
Posted at 07:56 PM by Howard Bashman



"Trump is dangerously cutting corners in his quest to remake the Judiciary": The Los Angeles Times has published this editorial.
Posted at 01:56 PM by Howard Bashman


"Woman asks U.S. Supreme Court to hear Scott Twp. cemetery dispute": Terrie Morgan-Besecker of The Times-Tribune of Scranton, Pennsylvania has this report.

According to the article, "The Pacific Legal Foundation, a California-based nonprofit that fights for landowners' rights, agreed to represent Knick before the U.S. Supreme Court at no cost, David Breemer, a senior attorney for the organization, said in a press release."
Posted at 01:48 PM by Howard Bashman



"The most respected Supreme Court reporter of her generation slams media 'objectivity'; Linda Greenhouse on why 'the opposite of objectivity isn't partisanship'": Online at Vox, Eric Allen Been has this interview with Linda Greenhouse and discussion about her newest book.
Posted at 01:40 PM by Howard Bashman


"First Amendment case may become proxy for abortion rights at Supreme Court": Joan Biskupic of CNN.com has this news analysis.

And in today's edition of The San Francisco Chronicle, Bob Egelko has a front page article headlined "US Supreme Court to decide California law on 'crisis pregnancy centers.'"
Posted at 01:32 PM by Howard Bashman



"Free Speech Is Starting to Dominate the U.S. Supreme Court's Agenda": Greg Stohr of Bloomberg News has this report.
Posted at 01:28 PM by Howard Bashman


"Sandy Hook Families' Lawyer To Connecticut Justices: Adam Lanza Heard Gunmaker's Marketing Message." Dave Altimari and David Owens of The Hartford Courant have this report.

And Lois Beckett of The Guardian (UK) reports that "Sandy Hook families argue in court gun companies 'courted' shooter; Family members of Newtown victims say gun companies' macho advertising for AR-15-style rifles helped draw Adam Lanza to 'the weapon he needed.'"
Posted at 01:23 PM by Howard Bashman



"First the city sank his house. Now, he's at the Supreme Court over free speech case." Monique O. Madan of The Miami Herald has this report.
Posted at 01:15 PM by Howard Bashman


"Doubling Down on a Deeply Troubling Argument in Masterpiece Cakeshop": Jim Oleske has this post at the "Take Care" blog.
Posted at 10:48 AM by Howard Bashman


"Trump on Course for Least Diverse Judicial Picks Since Reagan; President's nominees have been overwhelmingly white and male": Todd Ruger of Roll Call has this report.
Posted at 10:46 AM by Howard Bashman


"Supreme Court jurisdiction over the Court of Appeals for the Armed Forces": Will Baude has this interesting post at "The Volokh Conspiracy."
Posted at 10:44 AM by Howard Bashman


Monday, November 13, 2017

Save the date: The 2018 Appellate Judges Education Institute Summit will take place in Atlanta from Thursday, November 8, 2018 through Sunday, November 11, 2018, as noted in this tweet. I am planning to attend, and I hope to see you there.
Posted at 08:24 PM by Howard Bashman


"Locals Were Troubled by Roy Moore's Interactions with Teen Girls at the Gadsden Mall": Charles Bethea has this post online at The New Yorker.
Posted at 07:56 PM by Howard Bashman


"State Appellate Court Oral Arguments Should Be Freely Available Online": This month's installment of my "Upon Further Review" column will appear in tomorrow's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 05:48 PM by Howard Bashman


"Yes, the G.O.P. Can Block Roy Moore": Law professor Ronald J. Krotoszynski Jr. has this op-ed in today's edition of The New York Times.

Online at Slate, Dahlia Lithwick and law professor James Sample have a jurisprudence essay titled "We've Always Known Roy Moore Is Lawless: It's why Alabama Republicans voted for him."

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Roy Moore's Defiant Brand Can't Protect Him This Time; A sex scandal should offend his supporters' personal values; His professional conduct never did."
Posted at 05:44 PM by Howard Bashman



"Be Careful What You Sue For: If the Supreme Court strikes down California's 'crisis pregnancy center' disclosure act, dozens of anti-abortion laws could fall with it." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 05:33 PM by Howard Bashman


"A Fifth Woman Accuses Senate Candidate Roy Moore of Sexual Misconduct": Sheryl Gay Stolberg and Jonathan Martin of The New York Times have this report.
Posted at 03:33 PM by Howard Bashman


"The Power of the Courts Is Messing Up Politics": In the SundayReview section of yesterday's edition of The New York Times, Greg Weiner had an interesting essay that begins, "As four newly Senate-approved federal appellate judges move into their chambers seven months after Neil Gorsuch joined the Supreme Court, they may seem to have vindicated conservatives who swallowed their qualms about Donald Trump last year out of a conviction that, whatever his flaws, he would save the judiciary."
Posted at 01:58 PM by Howard Bashman


"U.S. court allows part of Trump travel ban to go into effect": Lawrence Hurley of Reuters has this report on an order that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:40 PM by Howard Bashman


"Trump choosing white men as judges, highest rate in decades": Catherine Lucey and Meghan Hoyer of The Associated Press have this report.
Posted at 01:26 PM by Howard Bashman


"New Roy Moore accuser expected to allege sexual assault": Brian Lyman of The Montgomery Advertiser has a report that begins, "A woman says Roy Moore sexually assaulted her as a minor in Alabama, and is scheduled to appear at a press conference in New York this afternoon."

And Sean Sullivan and Elise Viebeck of The Washington Post report that "McConnell calls on Roy Moore to end Senate campaign following accusations of sexual misconduct."
Posted at 01:20 PM by Howard Bashman



"Justices Take Cases on Free Speech at Pregnancy Centers and Polling Places": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court takes case on free speech rights of antiabortion counseling centers."

David G. Savage of The Los Angeles Times reports that "Supreme Court agrees to hear antiabortion challenge to California disclosure law for pregnancy centers."

Alex Swoyer of The Washington Times has articles headlined "Supreme Court to decide if religious nonprofit clinics must post abortion signs" and "Supreme Court to decide if states can ban political apparel at polling places."

Richard Wolf of USA Today has a report headlined "Red or blue? Supreme Court to rule on voters' apparel."

Mark Sherman of The Associated Press reports that "Supreme Court to hear crisis pregnancy centers' appeal." And Curt Anderson of The Associated Press reports that "Florida man back at Supreme Court with 1st Amendment case."

Lawrence Hurley of Reuters reports that "U.S. top court to hear dispute over California pregnancy center law."

Greg Stohr of Bloomberg News reports that "Political T-Shirts at Polling Place Get U.S. Supreme Court Hearing."

And Ariane de Vogue of CNN.com reports that "Supreme Court takes up First Amendment challenge to California abortion law" and "Supreme Court to consider political apparel at the polling place."
Posted at 01:18 PM by Howard Bashman



"Fourth Amendment Fairness": Law professor Richard M. Re has posted this article on SSRN.

And recently at "PrawfsBlawg," Re had a related post titled "DC v. Wesby and Fourth Amendment Perspective."
Posted at 01:02 PM by Howard Bashman



"Is a Recipe for Justice Kennedy a Recipe for Success?" Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 12:50 PM by Howard Bashman


"Arguing a Difficult Case Effectively": Attorney Judd Lindenfeld has this kind guest post today at the "Appellate Advocacy Blog."

The post begins, "Three weeks ago, Howard Bashman created a bit of a stir among people who follow appellate law when he posted on his blog, How Appealing, that he would be arguing a sentencing appeal in the Second Circuit."
Posted at 11:40 AM by Howard Bashman



"Supreme Court to weigh anti-abortion speech restrictions": Richard Wolf of USA Today has this report.

Greg Stohr of Bloomberg News reports that "Pregnancy Clinics Get U.S. Supreme Court Review in Speech Clash."

Andrew Chung of Reuters reports that "Supreme Court to hear Minnesota voter apparel law challenge."

And The Associated Press reports that "Floridian with floating house gets 2nd Supreme Court hearing."
Posted at 10:02 AM by Howard Bashman



"More Lawyers or More Justice?" At the "Law and Liberty" blog, Mark Pulliam has this review of the book "Rebooting Justice: More Technology, Fewer Lawyers, and the Future of Law," by law professors Benjamin H. Barton and soon-to-be-Third-Circuit-Judge Stephanos Bibas.
Posted at 09:54 AM by Howard Bashman


"The ABA's double standard for judicial nominees": The Washington Post has published this letter to the editor from Elliott M. Davis and C. Wallace DeWitt.
Posted at 09:45 AM by Howard Bashman


"Hargan v. Garza As The Trump Administration's Vision For DOJ": Leah Litman has this post at the "Take Care" blog.
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 three new cases.

In addition, in Reeves v. Alabama, No. 16-9282, Justice Sonia Sotomayor issued a dissent, in which Justices Ruth Bader Ginsburg and Elena Kagan joined, from the denial of certiorari.
Posted at 09:33 AM by Howard Bashman



"OT2017 #6: 'Year of Munsingwear.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:25 AM by Howard Bashman


Sunday, November 12, 2017

"ABA does a disservice to Steve Grasz": Senior U.S. District Judge Richard G. Kopf (D. Neb.) recently had this essay online at The Omaha World-Herald.

And Wednesday at the "Simple Justice" blog, Kopf had a post titled "How The ABA Standing Committee On The Federal Judiciary Might Regain its Credibility."
Posted at 09:50 PM by Howard Bashman



"The Supreme Court's next (cautious, careful) move into the digital age": Robert Barnes of The Washington Post has this report.
Posted at 07:05 PM by Howard Bashman


"Scalia Speaks Well: But Not About Originalism." Eric Segall has this post at "Dorf on Law."
Posted at 02:44 PM by Howard Bashman


"Ruling in Arizona case: Websites can be forced to disclose names of anonymous posters." Howard Fischer of The Arizona Daily Star has this report.

And Trisha Thadani of The San Francisco Chronicle reports that "Glassdoor must reveal reviewers' identities in fraud case, court rules."

You can access Wednesday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:20 PM by Howard Bashman



"Animal activists who freed 2,000 minks lose U.S. appeal": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Wednesday.
Posted at 01:57 PM by Howard Bashman


"Texas killings may aid Rosenstein's crusade on encryption": Eric Geller of Politico.com has this report.
Posted at 01:28 PM by Howard Bashman


"Appeal Offers Hope for Newtown Families in Suit Against Gun Companies": Rick Rojas and Kristin Hussey of The New York Times have this report.
Posted at 01:18 PM by Howard Bashman


"Sneak Attack: Trump is trying to secretly push through another Muslim ban." Dahlia Lithwick and Jeremy Stahl have this jurisprudence essay online at Slate.
Posted at 12:06 PM by Howard Bashman


"Judicial Confirmations and Interpreting the Constitution: Borking, Activism, and Originalism": The William F. Buckley, Jr. Program at Yale has posted this video on YouTube.

And the Buckley Program also recently posted on YouTube a video titled "Amy Wax on 'What is Happening to the Family, and Why?'"
Posted at 12:03 PM by Howard Bashman



"Guns in America and the Travel Ban That Went Unnoticed: A close look at the Second Amendment." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 11:56 AM by Howard Bashman


"Ohio Supreme Court Justice Bill O'Neill must step down": The Plain Dealer of Cleveland, Ohio has published this editorial.
Posted at 11:42 AM by Howard Bashman


"Phenix City man fell while buying a watermelon. Now Walmart will pay him $7.5 million." Chuck Williams of The Ledger-Enquirer of Columbus, Georgia has this report.

And Ivana Hrynkiw of AL.com reports that "Phenix City man sues Walmart after fall, awarded $7.5 million."
Posted at 11:22 AM by Howard Bashman



Saturday, November 11, 2017

"Jury Deliberations in Menendez Trial to Start Over After Juror Is Excused": In Friday's edition of The New York Times, Nick Corasaniti and Nate Schweber had an article that begins, "In a federal trial that has been extended by legal arguments and delays, the jury that is deciding the fate of Senator Robert Menendez of New Jersey will have to restart deliberations next week because a juror was excused on Thursday so she could go on a long-planned vacation."
Posted at 10:24 PM by Howard Bashman


"Can Donald Trump Save Roy Moore After All?" Howell Raines will have this essay in the SundayReview section of tomorrow's edition of The New York Times.

And in today's edition of that newspaper, columnist Gail Collins has an op-ed titled "Sex, Senators and -- Oh Gosh, Mitt."
Posted at 04:22 PM by Howard Bashman



"Trump Is Rapidly Reshaping the Judiciary. Here's How." Charlie Savage will have this article in Sunday's edition of The New York Times.
Posted at 04:15 PM by Howard Bashman


Friday, November 10, 2017

"2017 Alumnus of the Year, Stephen Dillard": Samford University has posted this video on YouTube.
Posted at 10:37 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'The Nielson Presumption.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.

If I may respond to one of Nielson's comments, it is difficult to conceive that any D.C. Circuit judges would be presumptively against live-streaming that court's oral arguments, especially since the audio of that court's oral arguments are posted online in due course.
Posted at 10:30 PM by Howard Bashman



"Video: 'Penn Law Celebrates Stephanos Bibas' Confirmation to the Third Circuit.'" Matthew Stiegler has this post at his "CA3blog."
Posted at 10:22 PM by Howard Bashman


"AFJ: Willett Would Undermine Health and Safety of Millions." Alliance for Justice issued this news release and accompanying report today.
Posted at 10:16 PM by Howard Bashman


"Kagan withdraws from Supreme Court immigration case": The Associated Press has this report.
Posted at 10:05 PM by Howard Bashman


"God Should Sue Roy Moore": Columnist Nicholas Kristof has this op-ed online at The New York Times.

And in the SundayReview section of this Sunday's edition of The New York Times, columnist Frank Bruni will have an op-ed titled "Jesus' Parents and Roy Moore's Gall."
Posted at 09:55 PM by Howard Bashman



"Socrates in the Age of Trump": Nikos Konstandaras will have this op-ed in Saturday's edition of The New York Times.
Posted at 09:48 PM by Howard Bashman


"'Children Must Be Protected': Roy Moore's attacks on gay people look even more sinister in light of the allegation that he molested a 14-year-old girl." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 05:52 PM by Howard Bashman


"Scott records query adds intrigue to Supreme Court battle": Gray Rohrer of The Orlando Sentinel has an article that begins, "Gov. Rick Scott wants to know what two Florida Supreme Court justices were talking about after they heard a contentious case involving his power to appoint future members of the court."

Nick Evans of WFSU News reports that "Gov Scott Seeks Documents, Audio From Supreme Court."

Mike Vasilinda of Capitol News Service reports that "Controversy unfolds after conversation between Supreme Court Justices overheard."

And at Florida Politics, Bob Sparks has a post titled "Supreme Court brings new meaning to 'oral arguments.'"
Posted at 02:10 PM by Howard Bashman



"Watchdog: What do Georgia judges have to hide?" Chris Joyner of The Atlanta Journal-Constitution has this important report.
Posted at 01:57 PM by Howard Bashman


"Friend of Boston Marathon bomber asks US Supreme Court to hear his case": John R. Ellement of The Boston Globe has this report.
Posted at 01:54 PM by Howard Bashman


"Briefs filed in Supreme Court case describe rejection and harm experienced by LGBTQ community": Kelsey Dallas of The Deseret News has this report.
Posted at 01:50 PM by Howard Bashman


"Supreme Court takes a technological step forward": Mark Sherman of The Associated Press has this report.
Posted at 01:46 PM by Howard Bashman


"Are Women Getting a Better Chance to Argue in State Appellate Courts? Like in Most of the Law, the Answer is 'It Depends.'" Rob Rosborough has this post at his blog, "New York Appeals."
Posted at 01:30 PM by Howard Bashman


Access the November 2017 issue of the Harvard Law Review: Via this link. The issue contains the newest installment of the publication's annual look back at the preceding U.S. Supreme Court Term.
Posted at 01:20 PM by Howard Bashman


"Trump judge nominee, 36, who has never tried a case, wins approval of Senate panel": David G. Savage of The Los Angeles Times has this report.

And The Washington Post has published an editorial titled "Some of Trump's judicial nominees may be unfit. The Senate is rushing them through anyway."
Posted at 01:16 PM by Howard Bashman



"When a Day in Court Is a Trap for Immigrants": Steve Coll has this post online at The New Yorker.
Posted at 09:30 AM by Howard Bashman


"Watchdog Group Appears to Exaggerate Standing Claims in Trump Suit; Citizens for Responsibility and Ethics in Washington may have misled the court in an effort to get its case against the president to trial": Theodore Kupfer has this essay online at National Review.
Posted at 09:26 AM by Howard Bashman


"Woman who sued Chicago over right to bare breasts loses appeal": Jonathan Stempel of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued on Wednesday.

Lest anyone accuse the panel of not giving the case a close look, the decision issued one year and seven days after oral argument. You can access the oral argument audio via this link (13.0 MB mp3 audio file).
Posted at 09:18 AM by Howard Bashman



In posts at Alison Frankel's "On the Case" from Thomson Reuters News & Insight: Yesterday, Frankel had posts titled "Chevron deference landmine lurks in new brief in SCOTUS whistleblower case" and "Boies firing by NYT spotlights advance conflict waivers, common but controversial."
Posted at 09:10 AM by Howard Bashman


In the November 13, 2017 issue of The New Yorker: Ken Armstrong has an Annals of Law Enforcement article headlined "Two Murder Convictions for One Fatal Shot: In dozens of criminal trials, prosecutors have put the same gun in the hands of more than one defendant."

And Jeffrey Toobin has an article headlined "Is Tom Cotton the Future of Trumpism? The junior senator from Arkansas is a hybrid of insurgent and old guard."
Posted at 09:05 AM by Howard Bashman



"A Poet, with Prison Behind Him, Becomes an Attorney": Nicholas Dawidoff has this post online at The New Yorker.
Posted at 09:00 AM by Howard Bashman


Thursday, November 9, 2017

SCOTUSDaily interviews Greg Stohr of Bloomberg News: You can read the interview at this link.
Posted at 11:05 PM by Howard Bashman


"Election results reinforce GOP urgency to confirm judges": Joan Biskupic of CNN.com has this news analysis.
Posted at 11:02 PM by Howard Bashman


"Rule Would Push Prosecutors to Release Evidence Favorable to Defense": In today's edition of The New York Times, Alan Feuer and James C. McKinley Jr. have an article that begins, "In an unusual move meant to make criminal trials fairer, New York State's top judge has issued a new rule specifically requiring judges to order prosecutors to search their files and disclose all evidence favorable to the defense at least 30 days before major trials."
Posted at 10:33 PM by Howard Bashman


"Trump's Crazy Choices for the Courts": Former U.S. District Judge Shira A. Scheindlin (S.D.N.Y.) will have this op-ed in Friday's edition of The New York Times.
Posted at 10:12 PM by Howard Bashman


"Divided surveillance court revives drive to release opinions": Josh Gerstein of Politico.com has a blog post that begins, "Judges on a largely secret federal surveillance court divided sharply in a ruling released Thursday reviving an effort by transparency advocates to force greater disclosure of the court's opinions."

You can access today's 6-to-5 ruling of the Foreign Intelligence Surveillance Court at this link.
Posted at 09:08 PM by Howard Bashman



"My Grandparents Saw Light, Even After the Dark of Kristallnacht; 'What is that number on your arm?' I asked my grandfather one day, too young to have heard of Auschwitz": Justice David Stras of the Supreme Court of Minnesota has this essay online at The Wall Street Journal.
Posted at 09:00 PM by Howard Bashman


"Trump lawyer moves closer to becoming a circuit judge": Alex Swoyer of The Washington Times has an article that begins, "The Judiciary Committee voted Thursday to approve Greg Katsas, one of President Trump's White House lawyers, for a spot on the U.S. Circuit Court of Appeals in Washington, D.C., overcoming complaints from Democrats who said they feared putting a Trump ally on the court that decides many big federal law cases."

And Tim Ryan of Courthouse News Service reports that "GOP Senators Push Divisive Judicial Nominees Toward Confirmation."
Posted at 08:26 PM by Howard Bashman



"How Donald Trump Is Remaking the Federal Courts in His Own Image: The president's judicial nominees have been notably white, male, and conservative." Kate Harloe has this report online at Mother Jones.
Posted at 08:17 PM by Howard Bashman


"The SG's Remarkable Cert. Petition in Hargan v. Garza, the 'Jane Doe' Abortion Case": Marty Lederman has this post at the "Balkinization" blog.

Ed Whelan responds in two posts (here and here) at National Review's "Bench Memos" blog.
Posted at 08:12 PM by Howard Bashman



One recipe for same-day U.S. Supreme Court oral argument audio -- more federal holidays: Because tomorrow (Friday) is a federal holiday this week, the U.S. Supreme Court posted the audio of this week's oral arguments online today.
Posted at 07:56 PM by Howard Bashman


"Policy Regarding Live Audio Streaming of Arguments": The U.S. Court of Appeals for the D.C. Circuit has posted this notice online. It is wonderful to see that appellate courts are moving in the right direction on this issue.
Posted at 02:08 PM by Howard Bashman


"The Worrisome Future of Abortion Rights": Linda Greenhouse has this essay online at The New York Times.
Posted at 01:50 PM by Howard Bashman


"Woman says Roy Moore initiated sexual encounter when she was 14, he was 32": Stephanie McCrummen, Beth Reinhard, and Alice Crites of The Washington Post have this report.

Brian Lyman of The Montgomery Advertiser reports that "Woman says Roy Moore had sexual contact with her when she was 14."

And in related coverage, Paul Gattis of AL.com reports that "Roy Moore maintains double-digit lead over Doug Jones, Senate poll says."
Posted at 01:45 PM by Howard Bashman



Wednesday, November 8, 2017

"'Rapid Ruth' Ginsburg is quick with justices' first opinion": The Associated Press has this report.

Justice Ruth Bader Ginsburg issued today's unanimous ruling of the U.S. Supreme Court in Hamer v. Neighborhood Housing Servs. of Chicago, No. 16-658. And you can access the oral argument via this link.
Posted at 11:40 PM by Howard Bashman



"Patchak v. Zinke Oral Argument Recap, and a Couple Suggestions on What the Court Should Do with 'and Shall Be Promptly Dismissed' in the Gun Lake Act": Asher Steinberg has this post at his blog, "The Narrowest Grounds."

You can access the transcript of yesterday's U.S. Supreme Court oral argument in the case at this link.
Posted at 11:32 PM by Howard Bashman



"Appeals court hears fight over records on decision to cancel DACA": Josh Gerstein of Politico.com has this blog post.

The U.S. Court of Appeals for the Ninth Circuit has posted the video of yesterday's oral argument in the case on YouTube at this link.
Posted at 11:28 PM by Howard Bashman



"Swing Justice John Roberts: If he follows his own precedents, the chief justice will vote to protect gay couples from discriminatory cake-makers." David H. Gans has this jurisprudence essay online at Slate.
Posted at 11:22 PM by Howard Bashman


"Elizabeth L. 'Lisa' Branch -- Nominee to the U.S. Court of Appeals for the Eleventh Circuit": Daniel B. Tilley has this blog post at "The Vetting Room."
Posted at 11:20 PM by Howard Bashman


Tuesday, November 7, 2017

Programming note: On Wednesday, I will be flying home from southern California. As a result, additional posts will appear here on Wednesday night.

In the interim, as often while I am traveling, additional appellate-related retweets likely will appear on this blog's Twitter feed.
Posted at 11:54 PM by Howard Bashman



"OT2017 #5: 'Oglethorpe's Second Cousin.'" You can access this week's new installment of the First Mondays podcast, featuring Dan Epps and Leah Litman, via this link.
Posted at 11:48 PM by Howard Bashman


"Weinstein Work Pulls Lawyer Back Into an Ethical Debate": In Wednesday's edition of The New York Times, Matthew Goldstein and Adam Liptak will have an article that begins, "David Boies may be best known for taking on nationally prominent political cases before the Supreme Court, including Bush v. Gore and the fight to legalize gay marriage."

And in commentary, online at Slate, Dahlia Lithwick and Mark Joseph Stern have a jurisprudence essay titled "Bad Boies: The renowned liberal attorney threw ethics out the window to help Harvey Weinstein."
Posted at 11:23 PM by Howard Bashman



"Woodruff concedes in Pennsylvania Supreme Court race": Chris Potter of The Pittsburgh Post-Gazette has this report.
Posted at 11:20 PM by Howard Bashman


"MIT Case Before Mass. High Court Examines Colleges' Liability For Student Suicides": Lynn Jolicoeur of Boston's WBUR radio has this report.

Alanna Durkin Richer of The Associated Press reports that "Court wrestles with whether school can be blamed in suicide."

And Nate Raymond of Reuters reports that "Lawyer tells court student suicide was MIT's fault."
Posted at 06:58 PM by Howard Bashman



Things to do when spending a few extra days in southern California -- Having dinner with Denise Howell, who made the "How Appealing" blog possible: As a Wikipedia entry recounts, Denise Howell's "blog, Bag and Baggage, started in 2001, was one of the first law-related blogs." That resulted in her being an appellate lawyer who had a blog, allowing me to realize that such a thing was in fact possible when I decided to launch this blog in May 2002.

Denise's blog lasted until 2013, when she decided to focus even more intently on being a tech-focused TV star.

The role that Denise's pioneering law blogging played in my decision to launch "How Appealing" is recounted in this write-up of a talk that I gave at the Moritz Law School (Ohio State University) on March 13, 2006. It was wonderful to enjoy a delicious dinner with Denise in Newport Beach, California last night.
Posted at 06:44 PM by Howard Bashman



"7th Circuit confronts antitrust in the age of Big Data": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.

You can access Monday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 06:30 PM by Howard Bashman



"Notre Dame employees will retain access to free birth control; Third-party administrator agrees to continue providing service at no charge": Margaret Fosmoe of The South Bend Tribune has this report.

And Tom Davies of The Associated Press reports that "Notre Dame employees keeping free birth control coverage."
Posted at 06:25 PM by Howard Bashman



"Jeff Sessions' DOJ Drops Prosecution Of Woman Who Laughed At Jeff Sessions; Desiree Fairooz was set to face her second trial in connection with her arrest for laughing during Sessions' confirmation hearing for attorney general": Ryan J. Reilly of HuffPost has this report.
Posted at 06:22 PM by Howard Bashman


"Known for his 'opinions of uncommon clarity and inimitable style'": Fred J. Eckert has this review of "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" in The Washington Times.
Posted at 06:14 PM by Howard Bashman


"ACLU intensifying fight in the age of Trump; Leader says fight over immigrant's abortion shows need": Gabrielle Banks of The Houston Chronicle has this report.
Posted at 11:58 AM by Howard Bashman


"Justices Allow Execution of Inmate Who Cannot Recall His Crime": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court won't stop execution of man who can't remember murder."

Richard Wolf of USA Today reports that "Supreme Court upholds death sentence for man who can't remember his crime."

Alex Swoyer of The Washington Times reports that "Supreme Court upholds death penalty for murderer who can't remember his crime."

Ivana Hrynkiw of AL.com reports that "Supreme Court rules Alabama death row inmate can be executed."

Andrew Chung of Reuters reports that "Supreme Court reverses ruling sparing killer who forgot the crime."

And The Associated Press reports that "Supreme Court removes obstacle to executing Alabama inmate."
Posted at 11:54 AM by Howard Bashman



Monday, November 6, 2017

"Where to Draw Line on Free Speech? Wedding Cake Case Vexes Lawyers." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:36 PM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

The Court did, however, issue two per curiam opinions -- the first two merits rulings of the new Term.

In Dunn v. Madison, No.17-193, the Court issued a unanimous per curiam reversal of the U.S. Court of Appeals for the Eleventh Circuit. Justice Ruth Bader Ginsurg issued a concurring opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined. And Justice Breyer issued a concurring opinion.

And in Kernan v. Cuero, No. 16-1468, the Court issued a unanimous per curiam reversal of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:52 AM by Howard Bashman



"Google Convinces U.S. Court That Canadian Ruling Threatens Free Speech Globally; The tech giant gets injunctive relief in the latest round of the Equustek dispute, but does the ruling mean anything?" Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 01:04 AM by Howard Bashman


"Pentagon's war crimes prosecutor begins a media blackout at Guantanamo": Carol Rosenberg of The Miami Herald has this report.
Posted at 01:02 AM by Howard Bashman


"Name Dropping in Oral Argument": Adam Feldman has this post at his "Empirical SCOTUS" blog. It was wonderful to have Adam participating as a panelist on my "Courts in the Age of New Media" panel at the just-concluded 2017 AJEI Summit.
Posted at 01:00 AM by Howard Bashman


"Scalia on writing well, originalism, and a turkey hunting mishap": Law professor Steven G. Calabresi has this review of the book "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" in The Washington Post.
Posted at 12:56 AM by Howard Bashman


"What If a Tyrant Can't Be Booted Out of Office? The Constitution's founders did not fully anticipate the rise of the party system." Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 12:46 AM by Howard Bashman


"Why Supreme Court must tell anti-gay baker his cakes aren't art": Scott Lemieux has this essay online at Reuters.
Posted at 12:45 AM by Howard Bashman


"Judge races top ballot in off-year election for Pennsylvania": Mark Scolforo of The Associated Press has this report.
Posted at 12:38 AM by Howard Bashman


"Canada Legal Fight May 'Destroy the Faith' in First Nations Treaties": Dan Levin of The New York Times has this report.
Posted at 12:26 AM by Howard Bashman


Sunday, November 5, 2017

The 2017 AJEI Summit in Long Beach, California has concluded: As always, it was wonderful seeing so many friends and colleagues at the AJEI Summit. The panel that I moderated was a success thanks to my wonderful panelists judging from the crowd of people who attended and the reviews expressed to the Summit's organizers. I'm looking forward to seeing everyone again next November in Atlanta.

I will be making my way back east eventually, but first . . . .
Posted at 07:58 PM by Howard Bashman



"Following Trump's Lead, Republicans Grow Quiet on Guantanamo": Charlie Savage and Adam Goldman have this front page article in today's edition of The New York Times.
Posted at 07:52 PM by Howard Bashman


"Tax Overhaul Bears Gifts for Conservatives, Including Rights for 'Unborn'": Jeremy W. Peters and Deborah Solomon have this article in today's edition of The New York Times.
Posted at 07:48 PM by Howard Bashman


"The Supreme Court should strike down the death penalty": Law professor Laurence H. Tribe has this essay online at The Washington Post.
Posted at 12:10 AM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'How to Effectively Ensure Power is Not Abused?'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 12:04 AM by Howard Bashman


Saturday, November 4, 2017

"Federal judge blocks military judge from having U.S. marshals seize defense attorney": Carol Rosenberg of The Miami Herald has this report.

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Pentagon Releases Marine General Held at Guantanamo in Military Commissions Dispute; Guantanamo Bay lawyer had been sentenced to 21 days' detention by a military judge angry that he allowed civilian defense attorneys to resign from a case."

And in commentary, online at Slate, Phillip Carter has an essay titled "Guantanamo Is Where Justice Goes to Die: A judicial meltdown this week shows why it is the wrong place to prosecute a terrorist -- or anyone else."
Posted at 11:58 PM by Howard Bashman



"Meet the Texas Lawyer Who Helped an Undocumented Teen Fight for an Abortion": Cristian Farias has this post at The Cut.

And online at Slate, Dahlia Lithwick and Mark Joseph Stern have an essay titled "The Justice Department Declares War on Attorneys Who Dare to Oppose the Trump Administration."
Posted at 11:54 PM by Howard Bashman



"Supreme Court 2017 Statutory Term in Preview: Definitional 'Ambiguity' in Digital Realty Trust, Inc. v. Somers, Part 1." Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 11:50 PM by Howard Bashman


Friday, November 3, 2017

"Justice Department Accuses A.C.L.U. of Misconduct in Abortion Case": Adam Liptak of The New York Times has this report.

Robert Barnes and Ann E. Marimow of The Washington Post report that "Trump administration suggests possibility of disciplinary action against ACLU lawyers in abortion case."

David G. Savage of The Los Angeles Times reports that "Trump administration asks Supreme Court to punish ACLU lawyers who helped teen migrant get abortion."

Kevin Johnson of USA Today has an article headlined "DOJ: ACLU 'misled' government in immigrant abortion case."

Alex Swoyer of The Washington Times reports that "DOJ petitions Supreme Court, accuses ACLU of lying in illegal minor's abortion case."

And Zoe Tillman of BuzzFeed News reports that "The Justice Department Wants To Get Rid Of Court Orders That Allowed An Undocumented Teen To Get An Abortion."

You can access the federal government's petition for writ of certiorari at this link.
Posted at 08:44 PM by Howard Bashman



"Trump Judicial Nominees Oppose the Trump Administration on Civil Asset Forfeiture and Birthright Citizenship; In the 5th Circuit, it's shaping up to be Trump vs. Trump's judicial picks": Damon Root has this post at Reason.com's "Hit & Run" blog.
Posted at 08:30 PM by Howard Bashman


"At current pace, Democrats can draw out debate for 8 weeks on Trump's circuit court nominees": Alex Swoyer of The Washington Times has an article that begins, "The Senate spent this entire week confirming just five of President Trump's circuit court picks. At that rate, it would take nearly eight weeks of working every day and doing nothing else -- no tax overhaul, no year-end spending bills, no debt increase, no Children's Health Insurance Program extension -- to confirm the 47 other judicial nominees the president has pending."
Posted at 12:50 AM by Howard Bashman


"Senate confirms Penn professor for Third Circuit appeals court": Robert Moran of The Philadelphia Inquirer has this report.

Jesse Paul of The Denver Post reports that "Senate confirms Allison Eid to replace Neil Gorsuch on powerful Denver federal appeals court; The vote was 56-41, with just four Democrats -- including Michael Bennet -- in support."

And Alex Swoyer of The Washington Times reports that "Senate confirms two more federal judges, bringing total to five this week."
Posted at 12:42 AM by Howard Bashman



"Delaware Supreme Court mulls allowing do-over derivative suits": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 12:28 AM by Howard Bashman


"Free speech v. same-sex marriage case floods high court": Richard Wolf of USA Today has this report.
Posted at 12:21 AM by Howard Bashman


"The Supreme Court Has An Ethics Problem: Justices on the high court don't have to follow the same code of conduct as they do in lower courts; That needs to change." U.S. Senator Elizabeth Warren (D-MA) has this essay online at Politico Magazine.
Posted at 12:16 AM by Howard Bashman


Thursday, November 2, 2017

"In rare interview, Clarence Thomas calls Gorsuch 'outstanding'": Ariane de Vogue of CNN.com has this report.

Fox News has posted on YouTube video segments titled "Clarence Thomas: Court is very different without Scalia" and "Clarence Thomas: Important to be exposed to range of ideas."
Posted at 11:50 PM by Howard Bashman



"Winning on Appeal in the U.S. Supreme Court": At NITA's "The Legal Advocate" blog, Marsi Buckmelter has a post that begins, "This morning in Washington, D.C., NITA author and Fifth Circuit Judge Leslie H. Southwick met with United States Supreme Court Associate Justice Samuel A. Alito, Jr. to hand-deliver a signed copy of Winning on Appeal: Better Briefs and Oral Argument, updated this summer by Judge Southwick and Professor Tessa L. Dysart of the University of Arizona James E. Rogers College of Law."
Posted at 11:33 PM by Howard Bashman


"Review: The Justice On His Soapbox: The late Antonin Scalia venerated George Washington as his favorite founding father, a man of 'honor' and 'steady determination.'" In today's edition of The Wall Street Journal, law professor John F. Duffy has this review of "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived."
Posted at 11:30 PM by Howard Bashman


"Resigned USS Cole case lawyers to defy war court judge's order -- again": Carol Rosenberg and Kate Irby of The Miami Herald have this report.

And Josh Gerstein of Politico.com reports that "D.C. Judge rejects bid to halt Guantanamo tribunal over defense lawyers' revolt; General sentenced to 21 days for contempt by military judge asks civilian court to step in."
Posted at 11:26 PM by Howard Bashman



"Deputy who shot, stomped a downed suspect can be sued for excessive force, appeals court rules": Maura Dolan of The Los Angeles Times has this report.

CBS Los Angeles reports that "Judges Rule Deputy Can Be Sued For Using Excessive Force In Fatal 2013 Shooting."

And Matthew Renda of Courthouse News Service reports that "9th Circuit Revives Suit Over OC Police Killing."

In earlier coverage, back in July 2014, Eric Hartley of The Orange County Register reported that "Mom sues over knife-wielding son's death by sheriff's deputy."

Circuit Judge Alex Kozinski wrote yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.
Posted at 12:46 PM by Howard Bashman



"Trump's opponents race to the courthouse to thwart him": Lawrence Hurley and Andrew Chung of Reuters have this report.
Posted at 10:35 AM by Howard Bashman


Wednesday, November 1, 2017

"U.S. Senate confirms appointment of Joan Larsen to federal appeals court": Paul Egan of The Detroit Free Press has this report.

Melissa Nann Burke of The Detroit News reports that "Senate confirms Michigan's Larsen for appeals court."

Lauren Gibbons of MLive.com reports that "Michigan Supreme Court Justice Joan Larsen confirmed to U.S. 6th Circuit Court."

Alex Swoyer of The Washington Times reports that "Senate confirms Justice Joan Larsen for 6th Circuit."

And Jennifer Bendery of HuffPost reports that "Senate Confirms Trump Judge Opposed By 27 LGBTQ Rights Groups; Eight Democrats voted for Joan Larsen, who will now sit on the U.S. Court of Appeals for the 6th Circuit."
Posted at 11:14 PM by Howard Bashman



"Republicans Want To Change The Rules To Let Trump Reshape The Judiciary ASAP; Trump's judicial nominees are clearing the Senate, but Republicans want the process to move faster": Zoe Tillman of BuzzFeed News has this report.
Posted at 11:03 PM by Howard Bashman


"Court will hear Trump's appeal over rally assault suit": Josh Gerstein of Politico.com has this blog post about a ruling that a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:58 PM by Howard Bashman


"L. Steven Grasz -- Nominee to the U.S. Court of Appeals for the Eighth Circuit": Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 08:26 PM by Howard Bashman


"Appeals court nominee Grasz assures senators he would follow court precedent": Don Walton of The Lincoln (Neb.) Journal Star has this report.

Joseph Morton of The Omaha World-Herald reports that "Senate Judiciary panel splits along party lines over Omaha attorney Steve Grasz's nomination to 8th U.S. Circuit Court."

Alex Swoyer of The Washington Times reports that "American Bar Association refers to conservatives as 'you people' when rating Trump's judicial pick."

And Andrew Chung of Reuters reports that "Republicans defend Trump court pick rated 'not qualified.'"

The Senate Judiciary Committee has posted the video of today's confirmation hearing for judicial nominees at this link.
Posted at 08:24 PM by Howard Bashman



"Robert Alt for the Sixth Circuit Is What Conservatives Need Nationwide": Ken Blackwell has this essay on Breitbart.

And at National Review's "The Corner," Quin Hillyer has a post titled "Alt for Sixth Circuit."

Robert Alt is a longtime "How Appealing" reader, from time to time in the past he has exchanged emails with this blog's author, and over the many years that this blog has been in existence I have linked to his writings on multiple occasions.
Posted at 08:12 PM by Howard Bashman



"Guantanamo judge orders contempt hearing to try to end defense revolt at war court": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:06 PM by Howard Bashman


Greetings from Long Beach, California: Where on Thursday afternoon, the 2017 Appellate Judges Education Institute Summit begins.

I am not staying at the event hotel this year. Instead, I'm staying at a hotel that's a few blocks away. As luck would have it, there's plenty to do located just down the road from my hotel, so I definitely made a good choice in that regard.
Posted at 07:58 PM by Howard Bashman







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