How Appealing

Thursday, November 30, 2017

"Sen. Kennedy: 'I plan to vote in favor' of 5th Circuit nominee Kyle Duncan." Bryn Stole of The Advocate of Baton Rouge, Louisiana has this report.

And Drew Broach of The Times-Picayune of New Orleans reports that "Senator John Kennedy backs Kyle Duncan for appellate judge, after withholding support."
Posted at 10:24 PM by Howard Bashman



"Using 'Free Speech' to Trump Civil Rights: Conservatives are attempting to use the First Amendment not as an instrument of freedom and self-government but as a corporate privilege." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:24 PM by Howard Bashman


"Cellphone data under Supreme Court scrutiny crucial in solving local crimes": Peter Hall has this front page article in today's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 08:17 PM by Howard Bashman


"Supreme Court of Canada considers Trinity Western University law school; Canada's highest court engaged in a lively discussion about religious freedom on Thursday as it began a landmark two-day hearing into the right of Trinity Western University to grant law degrees": Ian Mulgrew of The Vancouver Sun has this report.

Matthew Claxton of The Langley Advance reports that "TWU goes to top court over law school, gay rights."

And earlier, Clare Hennig of CBC News had a report headlined "Trinity Western University heads to Supreme Court of Canada over fate of proposed law school; The case with Trinity Western University and Law Society of B.C will be heard on Thursday."
Posted at 08:14 PM by Howard Bashman



"Trump judicial pick didn't disclose 16,000 'provocative and disturbing' online posts": Alex Swoyer of The Washington Times has this report.
Posted at 04:32 PM by Howard Bashman


"Thoughts on property and positive law after the Carpenter oral argument": Will Baude has this post at "The Volokh Conspiracy."
Posted at 04:11 PM by Howard Bashman


"Satan's plan, the Klan, prostitution: Watch John Kennedy question judge nominees." Drew Broach of The Times-Picayune of New Orleans has this report (with video).
Posted at 03:52 PM by Howard Bashman


"Trump Appeals Nominees Draw Dem Scrutiny Over Conservative Ties": Patrick L. Gregory of Bloomberg BNA has this report.
Posted at 03:50 PM by Howard Bashman


"Cake stand: A row over a wedding cake pits religious liberty against LGBT rights; A scholar's attempt to stand up for a socially conservative baker may not agree with Supreme Court precedent." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 03:39 PM by Howard Bashman


"U.S. Securities and Exchange Commission ratifies administrative law judges": Pete Schroeder of Reuters has this report.
Posted at 03:12 PM by Howard Bashman


"Can You Track Me Now? The Supreme Court weighs whether the government should be able to get its hands on your cellphone location data." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 01:14 PM by Howard Bashman


"Trump judicial picks lack decades-long diversity drive": Joan Biskupic, Aaron Kessler, and Ryan Struyk of CNN.com have this report.
Posted at 01:11 PM by Howard Bashman


"A Republican Senator Is Getting In The Way Of One Of Trump's Biggest Successes; Sen. John Kennedy is the only Republican to vote against one of the president's judicial nominees; And he's questioning more": Zoe Tillman of BuzzFeed News has this report.
Posted at 12:55 PM by Howard Bashman


"Teaching the Art of the Appeal: Law Students Draw Wisdom From Groundbreaking Former Judges, Current Senior Assistant AG in New Seminar." Mike Fox, director of media relations for the University of Virginia School of Law, has this report.
Posted at 10:34 AM by Howard Bashman


"What Robert Bork Learned from Judicial Activism, Right and Left": Mark Pulliam has this post at the "Law and Liberty" blog.
Posted at 10:05 AM by Howard Bashman


"Gambling Clash at U.S. Supreme Court Unites Trump and the NFL": Greg Stohr of Bloomberg News has this report.
Posted at 10:02 AM by Howard Bashman


"An American Held as an ISIS Suspect Deserves a Prompt Hearing": Law professor Stephen I. Vladeck has this essay online at The New York Times.
Posted at 08:36 AM by Howard Bashman


Wednesday, November 29, 2017

"Steven Calabresi Should Stop Pulling Imaginary Stuff From His Butt": Senior U.S. District Judge Richard G. Kopf (D. Neb.) has this post at the "Simple Justice" blog.
Posted at 10:28 PM by Howard Bashman


"Second Circuit Tosses Casino Mogul's Libel Claims": Nick Rummell of Courthouse News Service has this report on a per curiam ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:24 PM by Howard Bashman


"Appeals Court Gives ESPN a Win Despite Opening Door to More Privacy Lawsuits; The 9th Circuit says a man has standing to sue over disclosures of what he was watching online, but rejects the proposition that ESPN shared identifiable information about him": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 09:58 PM by Howard Bashman


"Partisanship, Norms and Federal Judicial Appointments": Keith E. Whittington has this guest post at the "Balkinization" blog.

And also at that blog, Sandy Levinson has a post titled "Stephen A. Douglas's all-important question about judicial legitimacy."
Posted at 09:40 PM by Howard Bashman



"Conservatives Should Oppose Expanding the Federal Courts": Eleventh Circuit Judge William H. Pryor Jr. has this essay online at The New York Times.
Posted at 09:35 PM by Howard Bashman


"The Reliable Justice: Anthony Kennedy's equal rights rulings prior to Cakeshop should have been easy to predict." Law professor Eric Segall has this jurisprudence essay online at Slate.
Posted at 09:32 PM by Howard Bashman


"Trudeau appoints Sheilah Martin to Supreme Court of Canada": Jim Bronskill of The Canadian Press has this report.

Tonda MacCharles of The Toronto Star reports that "New Supreme Court justice Sheilah Martin 'an extraordinary jurist'; Alberta Court of Appeal Justice Sheilah Martin takes the seat of retiring Chief Justice Beverley McLachlin."

And Yolande Cole of The Calgary Sun reports that "New Supreme Court appointee gets rave reviews from Calgary lawyers."
Posted at 09:26 PM by Howard Bashman



"'Cautiously optimistic' Christie to attend sports betting arguments at U.S. Supreme Court": Matt Arco of The Newark (N.J.) Star-Ledger has this report.
Posted at 08:56 PM by Howard Bashman


"Democrats object to Grassley's move on judicial nominee blue slips": Jessica Schneider of CNN.com has this report.
Posted at 08:44 PM by Howard Bashman


"Kennedy questions Fifth Circuit nominee's Louisiana ties as conservative groups step up pressure to confirm": Bryn Stole of The Advocate of Baton Rouge, Louisiana has this report.

Drew Broach of The Times-Picayune of New Orleans reports that "John Kennedy questions Kyle Duncan's Louisiana ties for federal judgeship in New Orleans."

Stephen Dinan and Alex Swoyer of The Washington Times report that "Trump's judge picks spur internal battle within GOP."

And Tim Ryan of Courthouse News Service reports that "Former Hobby Lobby Attorney Argues Case for Seat on Fifth Circuit."
Posted at 08:40 PM by Howard Bashman



"Minnesota Justice David Stras gets long-delayed Senate hearing for federal judgeship; Stras declines to spell out views on issues but says he'd be 'impartial voice' on federal courts": Jennifer Brooks and Stephen Montemayor of The Minneapolis Star Tribune have this report.
Posted at 08:24 PM by Howard Bashman


"Trump's tweets could again complicate effort to defend travel ban": Matt Zapotosky of The Washington Post has this report.
Posted at 08:10 PM by Howard Bashman


"Supreme Court case on same-sex wedding cakes: Artistic expression vs. civil rights." Alex Swoyer has this front page article in today's edition of The Washington Times.
Posted at 08:06 PM by Howard Bashman


"Justices Seem Ready to Boost Protection of Digital Privacy": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Justices appear to favor more restraints on government access to digital information."

David G. Savage of The Los Angeles Times reports has an article headlined "Supreme Court weighs privacy for cellphone records: Can police track a suspect's travels?"

Richard Wolf of USA Today reports that "Supreme Court justices voice support for digital privacy."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Justices Question Government's Collection of Cellphone Data; Conservative and liberal justices push back against warrantless access to customer records."

Alex Swoyer of The Washington Times has an article headlined "Trump admin to Supreme Court: No warrant needed for cellphone records."

Keith Laing of The Detroit News reports that "High court could limit police in digital privacy case."

Lawrence Hurley of Reuters reports that "Big Brother looms as U.S. top court tackles cellphone dispute."

Mark Sherman of The Associated Press reports that "Supreme Court frets over erosion of privacy in digital age."

Greg Stohr of Bloomberg News reports that "Supreme Court Justices Hint at More Digital-Privacy Protections."

Ariane de Vogue of CNN.com reports that "Supreme Court takes on major Fourth Amendment case."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Hears Case On Cellphone Location Information."
Posted at 08:00 PM by Howard Bashman



"Willett saves man's life performing Heimlich at Chick-fil-A": Andrea Zelinski of The Houston Chronicle has this report.
Posted at 07:36 PM by Howard Bashman


"Trump Administration Switches Sides on Challenge to SEC Judges": Greg Stohr of Bloomberg News has this report.
Posted at 07:26 PM by Howard Bashman


"Congress and the President in Wartime": D.C. Circuit Judge Brett M. Kavanaugh has this post at the "Lawfare" blog reviewing First Circuit Judge David J. Barron's new book, "Waging War: The Clash Between Presidents and Congress, 1776 to ISIS."

You can also access the review in PDF format.
Posted at 04:10 PM by Howard Bashman



"The Masterpiece Cakeshop Case Is Not About Religious Freedom": Jennifer Finney Boylan has this essay online at The New York Times.
Posted at 03:54 PM by Howard Bashman


"Senate confirms Katsas to federal appeals court in Washington, D.C." Alex Swoyer of The Washington Times has this report.
Posted at 02:50 PM by Howard Bashman


"Senators Spar Over 'Blue Slips' at Judicial Nomination Hearing": Tim Ryan of Courthouse News Service has this report.
Posted at 02:48 PM by Howard Bashman


"Your phone knows where you've been, and the government wants to know too": Law professors Matthew B. Kugler and Sarah O. Schrup have this essay online at The Los Angeles Times.
Posted at 02:36 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Carpenter v. United States, No. 16-402: At this link.
Posted at 02:31 PM by Howard Bashman


"U.S. Supreme Court weighs major digital privacy case": Lawrence Hurley of Reuters has this updated report.
Posted at 12:05 PM by Howard Bashman


"The Composition of the Courts of Appeals Is Not a Function of Jimmy Carter's, Harry Reid's, or Chuck Schumer's 'Court-Packing'": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 11:54 AM by Howard Bashman


"Justice Don Willett says he successfully performed Heimlich maneuver at Austin Chick-fil-A": Katie Hall of The Austin American-Statesman has this report.
Posted at 11:52 AM by Howard Bashman


"Everyone knows panel assignments are random, and everyone is wrong": Matthew Stiegler has this post at his "CA3blog."
Posted at 11:48 AM by Howard Bashman


"Sen. John Kennedy votes against Trump judge nominee -- and blasts another as 'embarrassing'": Bryn Stole of The Advocate of Baton Rouge, Louisiana has this report.
Posted at 11:44 AM by Howard Bashman


"Supreme Court Considers Cellphones And Digital Privacy": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

And Ariane de Vogue of CNN.com reports that "Supreme Court takes on major Fourth Amendment case."
Posted at 11:42 AM by Howard Bashman



View online this morning's U.S. Senate Judiciary Committee confirmation hearing for Fifth Circuit nominee Kyle Duncan and Eighth Circuit nominee David R. Stras: Via this link. The hearing is scheduled to begin at 10 a.m. eastern time.
Posted at 08:15 AM by Howard Bashman


Tuesday, November 28, 2017

"Louisiana GOP Sen. Kennedy opposes controversial Trump judicial nominee": Seung Min Kim of Politico.com has this report.
Posted at 11:02 PM by Howard Bashman


"Panel Assignment in the Federal Courts of Appeals": Law professor Marin K. Levy has posted this interesting and important article on SSRN.
Posted at 10:58 PM by Howard Bashman


"U.S. court revives lawsuit by mom of state trooper accidentally killed by firearms instructor": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:48 PM by Howard Bashman


"Gay pride T-shirt case will be heard by Kentucky Supreme Court": Thomas Novelly of The Louisville Courier-Journal has this report.

And Beth Musgrave of The Lexington Herald-Leader has an article headlined "Did T-shirt company violate city's fairness ordinance? State's high court to decide."
Posted at 09:30 PM by Howard Bashman



"Supreme Court to Weigh Warrantless Cellphone Data Searches; Digital privacy, specifically location data, at center of Carpenter v. U.S. case": Jess Bravin and Ryan Knutson of The Wall Street Journal have this report.
Posted at 08:52 PM by Howard Bashman


"Justices Seem Ready to Limit Whistle-Blower Protections": Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court appears set to limit protections for company whistleblowers."

Richard Wolf of USA Today reports that "Supreme Court may limit Wall Street whistleblowers."

Dave Michaels of The Wall Street Journal reports that "Supreme Court Questions Whether Dodd-Frank Protects All Whistleblowers; Justices from conservative and liberal blocs express skepticism that 2010 law shields people who never reported wrongdoing to SEC."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Signals It Will Trim Whistle-Blower Protections."

Andrew Chung of Reuters reports that "Supreme Court wary about widening whistleblower protections."

And Jessica Gresko of The Associated Press reports that "Supreme Court wrestles with whistleblower protection issue."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Digital Realty Trust, Inc. v. Somers, No. 16-1276.
Posted at 08:46 PM by Howard Bashman



"Pa. Supreme Court weighing if rapper's words were a crime or protected free speech": Liz Navratil of The Pittsburgh Post-Gazette has this report.
Posted at 08:32 PM by Howard Bashman


"Senate gives Trump another victory on judges": Kevin Freking of The Associated Press has a report that begins, "The Senate on Tuesday confirmed one of President Donald Trump's legal advisers to serve on what is often described as America's second highest court. The vote to confirm Gregory Katsas, 53, of Virginia, was 50-48."

You can access the official U.S. Senate roll call vote tally at this link.
Posted at 08:02 PM by Howard Bashman



"The Christian Legal Army Behind 'Masterpiece Cakeshop': A special investigation into the rise of Alliance Defending Freedom." Sarah Posner has this article online at The Nation.
Posted at 04:52 PM by Howard Bashman


"Louisiana nominee for federal appeals court to get hearing Wednesday; Sen. Kennedy could be key vote": Bryn Stole has this front page article in today's edition of The Advocate of Baton Rouge, Louisiana.
Posted at 04:50 PM by Howard Bashman


"Lawyer in CFPB Fight Is Frequent Trump Foe": Liz Crampton of Bloomberg BNA has this report.
Posted at 04:46 PM by Howard Bashman


"Is the right to discriminate in the Constitution? The answer's a piece of cake." Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.
Posted at 04:42 PM by Howard Bashman


"Supreme Court confronts how technology impacts U.S. notion of privacy": Robert Barnes of The Washington Post has this report.
Posted at 04:38 PM by Howard Bashman


"For second time this year, Supreme Court suspends wrong guy": Mark Sherman of The Associated Press has this report.
Posted at 03:38 PM by Howard Bashman


Three-judge Sixth Circuit panel considers unmasking an anonymous blogger: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 01:48 PM by Howard Bashman


"Unanimous En Banc DC Circuit Rejects Challenge to Separate Federal Campaign Contribution Limits in Primary and General Election Campaigns": Rick Hasen has this post at his "Election Law Blog" about an en banc ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:42 PM by Howard Bashman


"Frosted Floodgates: A Supreme Court ruling in favor of Masterpiece Cakeshop would destroy discrimination law." David Glasgow and law professor Kenji Yoshino have this jurisprudence essay online at Slate.
Posted at 01:32 PM by Howard Bashman


"More on Court-Packing: The Idaho Workaround." Richard Primus has this post at the "Balkinization" blog.

And at his "Shugerblog," Jed Shugerman has a post titled "The Conservative Court-Packing Plan and the Facts about their Fictional 'Caseload Crisis.'"
Posted at 01:28 PM by Howard Bashman



"Ninth Circuit Court of Appeals Mourns Passing of Judge Harry Pregerson": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 01:22 PM by Howard Bashman


"Detroiter's case sparks Supreme Court privacy battle": In today's edition of The Detroit News, Robert Snell has a front page article that begins, "A court battle hailed as the most important privacy rights case in the digital age started with a Detroit robber serving 116 years in prison, caught and convicted thanks to little-known cellphone records."
Posted at 12:16 PM by Howard Bashman


"Trump's judicial nominations would put a lot of white men on federal courts": Rorie Spill Solberg and Eric N. Waltenburg have this entry at the "Monkey Cage" blog of The Washington Post.
Posted at 12:12 PM by Howard Bashman


Monday, November 27, 2017

Applicability of New Jersey's "entire controversy" doctrine divides three-judge Ninth Circuit panel: Fans of complicated preclusion scenarios likely will enjoy this ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:33 PM by Howard Bashman


"District 'vindicated' after Supreme Court declines to hear student-led prayer case": Diane Smith of The Star-Telegram of Fort Worth, Texas has this report.

And Nicole Cobler of The Dallas Morning News reports that "Supreme Court won't hear Birdville ISD case over student-led prayers at board meetings."
Posted at 11:20 PM by Howard Bashman



"U.S. Supreme Court declines church's challenge to Nebraska funeral picketing law": Chris Kenning of Reuters has this report.
Posted at 10:20 PM by Howard Bashman


"Supreme Court axes suit over Mississippi Confederate emblem": Emily Wagster Pettus of The Associated Press has this report.
Posted at 10:18 PM by Howard Bashman


"Supreme Court won't review Maryland's law banning sales of 'assault weapons'": Robert Barnes of The Washington Post has this report.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Lets Stand Maryland Assault-Weapons Ban; High Court also leaves in place Florida restriction on open carrying of guns."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Rejects Assault Rifle, Open-Carry Appeals."

Andrew Chung of Reuters reports that "U.S. top court spurns challenge to Maryland assault weapons ban."

And The Associated Press reports that "Justices turn away challenge to Maryland assault weapons ban."
Posted at 10:14 PM by Howard Bashman



"Wisconsin's new property rights law could invite more St. Croix River development; Legislation seen as a victory for Murr family, who lost their case before U.S. Supreme Court in June": Kevin Giles of The Minneapolis Star Tribune has this report.

Patrick Marley of The Milwaukee Journal Sentinel reports that "Wisconsin Gov. Scott Walker signs bill to expand property rights."

And Scott Bauer of The Associated Press reports that "Walker signs bill inspired by cabin-owners' court fight."
Posted at 09:57 PM by Howard Bashman



"Justices ponder need for warrant for cellphone tower data": Mark Sherman of The Associated Press has this report.
Posted at 09:34 PM by Howard Bashman


"Supreme Court Debates a Patent Case That Is Splitting Corporate America; High court appears divided over case that pits pharmaceutical and biotechnology companies against tech titans like Google and Apple": Brent Kendall of The Wall Street Journal has this report.
Posted at 09:12 PM by Howard Bashman


In the December 2017 issue of ABA Journal magazine: The issue's cover story is headlined "Welcome to the 2017 ABA Journal Web 100." This year, instead of honoring 100 law blogs, the publication has chosen to honor 50 law blogs, 25 law podcasts, and 25 law twitter accounts. This blog, since 2012, has appeared in that publication's "Blawg 100 Hall of Fame" created that year.

Mark Walsh has an article headlined "SCOTUS considers limits to the government's surveillance powers over personal technology."

Law professor Philip N. Meyer has an article headlined "How serendipity, 'Star Wars,' Sunstein and constitutional law intersect."

And this month's installment of Bryan A. Garner's "On Words" column is headlined "How to start a sentence: Consider all your alternatives, and sprinkle in some conjunctions, too."
Posted at 08:57 PM by Howard Bashman



"'Gay cake' case -- Supreme Court to sit in Belfast": Vincent Kearney of BBC News has this report.

And Owen Bowcott of The Guardian (UK) reports that "UK supreme court to sit in Northern Ireland for the first time; Five justices are to hear cases in Belfast in April 2018, including that of the bakery who refused to make a cake bearing a slogan supporting gay marriage."
Posted at 08:37 PM by Howard Bashman



"Abbott names top adviser to spot on Texas Supreme Court; Nominee to replace Twitter laureate does not tweet, has flip phone": Mike Ward of The Houston Chronicle has this report.

And Robert T. Garrett of The Dallas Morning News reports that "Abbott vows to anoint longtime aide who's 'a reliable conservative' if seat comes open on Texas Supreme Court."
Posted at 08:32 PM by Howard Bashman



"Second-Trimester Abortion Ban Could Hit the Supreme Court": Jessica Mason Pieklo of Rewire has this news analysis.
Posted at 08:30 PM by Howard Bashman


"Pa. Supreme Court to decide if rap song referencing fatal Stanton Heights shooting is art or threat": Paula Reed Ward of The Pittsburgh Post-Gazette has this report.
Posted at 08:16 PM by Howard Bashman


"Here's 'what about' Roy Moore that is different": Columnist Dana Milbank has this essay online at The Washington Post.
Posted at 08:00 PM by Howard Bashman


"Indiana Supreme Court justices strive for consensus in their rulings": Dan Carden of The Times of Munster, Indiana has this report.
Posted at 06:08 PM by Howard Bashman


"Supreme Court weighs privacy rights in digital age in pivotal cellphone case": Richard Wolf of USA Today has this report.
Posted at 06:04 PM by Howard Bashman


"It's time for the Supreme Court to expand the definition of privacy": The Los Angeles Times has published this editorial.
Posted at 05:58 PM by Howard Bashman


"The Supreme Court Tackles Digital Privacy": On today's episode of "The Daily" podcast from The New York Times, Adam Liptak speaks with host Michael Barbaro.
Posted at 05:42 PM by Howard Bashman


"Supreme Court to decide who is a protected whistle-blower in corporate America": David G. Savage of The Los Angeles Times has this report.
Posted at 05:26 PM by Howard Bashman


"Kyle Duncan -- Nominee to the U.S. Court of Appeals for the Fifth Circuit": Daniel B. Tilley has this blog post at "The Vetting Room."

And the Alliance for Justice today issued a news release titled "AFJ: Duncan Worked to Undermine Rights for Others" in connection with posting this report on the nominee.
Posted at 05:03 PM by Howard Bashman



"A woman approached The Post with dramatic -- and false -- tale about Roy Moore; She appears to be part of undercover sting operation": Shawn Boburg, Aaron C. Davis, and Alice Crites of The Washington Post have this report.
Posted at 04:56 PM by Howard Bashman


"Judicial Appointments After Judge Robert H. Bork": Law professor Steven G. Calabresi and Shams Hirji have this guest post at the "Balkinization" blog.
Posted at 04:23 PM by Howard Bashman


"Roy Moore, Abortion, and the Presumption of Innocence": Jessica Winter has this post online at The New Yorker.
Posted at 03:24 PM by Howard Bashman


Access the November 2017 edition of "Appellate Issues," a publication of the ABA's Council of Appellate Lawyers: At this link.

The edition's theme is "The Evolution of Appellate Practice." My contribution is titled "The Recurring Problem of Unpublished Opinions and What to Do About it?"
Posted at 03:02 PM by Howard Bashman



"Supreme Court deeply divided on patent review process": Richard Wolf of USA Today has this report.

Adam Liptak of The New York Times reports that "Supreme Court Weighs Streamlined Patent Challenges."

Greg Stohr and Susan Decker of Bloomberg News report that "Supreme Court Justices Signal Divide on Patent-Review System."

And at the "Patently-O" blog, law professor Dmitry Karshtedt has a guest post titled "Oil States: Engaging with History, Private Property, and the Privy Council."
Posted at 02:56 PM by Howard Bashman



"Major Players in the Lower Courts": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 02:50 PM by Howard Bashman


"Republicans Should Not Pack the Courts": Law professor Josh Blackman has this essay online at National Review.

And at "The Volokh Conspiracy," Ilya Somin has a post titled "The case against court-packing."
Posted at 02:45 PM by Howard Bashman



"Supreme Court divided over legality of patent reviews": Andrew Chung of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-712.
Posted at 02:05 PM by Howard Bashman



"Is Chief Justice Roberts A Secret Liberal? His leftward shift may have as much to do with institutional pressures as ideology." Oliver Roeder has this post at FiveThirtyEight.
Posted at 01:58 PM by Howard Bashman


"Who Owns Art From Guantanamo Bay? Not Prisoners, U.S. Says." Jacey Fortin of The New York Times has this report.
Posted at 01:54 PM by Howard Bashman


"Trump races to pick judges who oversee environment cases": Robin Bravender and Scott Waldman of Climatewire have this report.
Posted at 12:15 PM by Howard Bashman


"Drawing a Line in the 'Gay Wedding Cake' Case": John Corvino has this post at "The Stone" blog of The New York Times.

And online at The American Prospect, law professor Andrew Koppelman has an essay titled "The Gay Wedding Cake Case Isn't About Free Speech; The inconvenient facts of Masterpiece Cakeshop."
Posted at 11:35 AM by Howard Bashman



"The First Amendment Case That Could Upend Abortion Law": Rachel M. Cohen has this post at The Intercept.
Posted at 11:28 AM by Howard Bashman


"Once again, Texas is ground zero in abortion wars": Chuck Lindell of The Austin American-Statesman has this report.
Posted at 11:26 AM by Howard Bashman


"Microsoft Challenged the Wrong Law. Now What?" Orin Kerr has this post at the "Lawfare" blog.
Posted at 11:24 AM by Howard Bashman


"Holiday gifts ideas for the appeals nerd": Matthew Stiegler has this post at his "CA3blog."
Posted at 11:18 AM by Howard Bashman


"Two of Trump's judicial nominees deserve a much closer look": This editorial appears in today's edition of The Washington Post.
Posted at 09:54 AM 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.

In Upstate Citizens for Equality, Inc. v. United States, No. 16-1320, Justice Clarence Thomas issued a dissent from the denial of certiorari.
Posted at 09:31 AM by Howard Bashman



"How a Radio Shack Robbery Could Spur a New Era in Digital Privacy": Adam Liptak of The New York Times has this report.
Posted at 09:28 AM by Howard Bashman


"OT2017 #7: 'Keys to a Valet.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:26 AM by Howard Bashman


Sunday, November 26, 2017

"The Supreme Court's privacy precedent is outdated": Attorney Stephen H. Sachs has this essay online at The Washington Post.
Posted at 10:14 PM by Howard Bashman


"Dad jokes on Twitter shouldn't disqualify a judge from the federal bench": Law professor Joshua A. Douglas has this essay online at The Washington Post.
Posted at 10:06 PM by Howard Bashman


"Cops, Cellphones and Privacy at the Supreme Court": This editorial will appear in Monday's edition of The New York Times.
Posted at 09:30 PM by Howard Bashman


"Some Notes on Court-Packing, Then and Now": Neil Siegel has this guest post at the "Balkinization" blog.

And in recent related posts at that blog, Mark Tushnet has a post titled "Expanding the Judiciary, the Senate Rules, and the Small-c constitution," while Jack M. Balkin has a post titled "Steven Calabresi dreams of judges-- and more judges-- and even more judges!"
Posted at 06:42 PM by Howard Bashman



"Will Supreme Court open a 'dam burst' of legalized sports betting?" Robert Barnes of The Washington Post has this report.
Posted at 05:08 PM by Howard Bashman


"Culling Voter Rolls: Battling Over Who Even Gets to Go to the Polls": Michael Wines has this front page article in today's edition of The New York Times.
Posted at 05:02 PM by Howard Bashman


"Harry Pregerson, one of the most liberal federal appeals court judges in the nation, dies at 94": Maura Dolan of The Los Angeles Times has this report.
Posted at 04:58 PM by Howard Bashman


"Supreme Court to decide whether Rogers can charge $100/hour to ID movie pirates": The Canadian Press has this report.
Posted at 03:04 PM by Howard Bashman


"N.J. is prepping for legal sports betting, but what will court rule?" Brent Johnson has this front page article in today's edition of The Newark (N.J.) Star-Ledger.
Posted at 02:50 PM by Howard Bashman


"Gay couple, devout baker take cake fight to high court": Richard Wolf of USA Today has this report.
Posted at 02:42 PM by Howard Bashman


"The 'Misguided' War Against the Administrative State": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 01:16 PM by Howard Bashman


Saturday, November 25, 2017

"Supreme Court to hear arguments on federal sports gambling ban": Gary Martin has this front page article in today's edition of The Las Vegas Review-Journal.
Posted at 09:04 PM by Howard Bashman


"Live Free? Die? Decades-Old Fight Over N.H. Motto to Get Supreme Court Shout-Out." Earlier this month, Lauren Chooljian of New Hampshire Public Radio had this report.
Posted at 09:00 PM by Howard Bashman


"Gorsuch establishes conservative cred in 1st year on court": Mark Sherman of The Associated Press has this report.
Posted at 02:38 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 'I vote for Chenery I, not Chenery II.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 01:40 PM by Howard Bashman


"Why the Cake Shop Case Is So Delicious: The main ingredient in this session's most high-profile case is free speech, not religious liberty." Host Dahlia Lithwick speaks with Adam Liptak on the new installment of Slate's "Amicus" podcast.
Posted at 01:35 PM by Howard Bashman


"India's Gay Rights Activists Seize Momentum After Landmark Ruling": Kai Schultz of The New York Times has this report.
Posted at 01:33 PM by Howard Bashman


"Man with Maine ties helps lead charge against Harvard's admissions policy; A part-time South Thomaston resident uses funds from his nonprofits to mount lawsuits over universities' race-based considerations": Edward D. Murphy has this front page article in today's edition of The Portland Press Herald.
Posted at 01:28 PM by Howard Bashman


Friday, November 24, 2017

"High court: Truck illegally seized in high-profile hit-and-run case." James Halpin of The Citizens' Voice of Wilkes-Barre, Pennsylvania has this report, along with an article headlined "State supreme court ruling a second win for local law firm."

And Bill O'Boyle of The Times Leader of Wilkes-Barre has an article headlined "Update on Loughnane case: State Supreme Court rules truck illegally seized."

Wednesday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a concurring and dissenting opinion.
Posted at 08:26 PM by Howard Bashman



"While eyes are on Russia, Sessions dramatically reshapes the Justice Department": Matt Zapotosky and Sari Horwitz of The Washington Post have this report.
Posted at 07:58 PM by Howard Bashman


"Rulebooks, Playgrounds, and Endgames: A Constitutional Analysis of the Calabresi-Hirji Judgeship Proposal." Law professor Richard Primus has this post at the Harvard Law Review Blog.
Posted at 03:42 PM by Howard Bashman


"Bending Blue Slips: Grassley's Strategic Error." Harsh Voruganti has this post at his blog, "The Vetting Room."
Posted at 01:02 PM by Howard Bashman


"Trump's judicial picks: 'The goal is to end the progressive state'; Donald Trump is radically reshaping the same federal courts that have been the biggest bulwark against his agenda -- by picking mostly white, conservative men." Jamiles Lartey of The Guardian (UK) has this report.
Posted at 10:04 AM by Howard Bashman


"This computer game comes thanks to 2 Supreme Court justices": Jessica Gresko of The Associated Press has this report.
Posted at 09:57 AM by Howard Bashman


Thursday, November 23, 2017

"Supreme Court case could be death knell for capital punishment": Keri Blakinger of The Houston Chronicle has this report.
Posted at 09:30 PM by Howard Bashman


"Can Republicans expand the federal judiciary through reconciliation?" David Super has this post at the "Balkinization" blog.
Posted at 09:27 PM by Howard Bashman


"Romania Gay Marriage Case Could Have Outsize Impact in Europe": Kit Gillet had this article in Wednesday's edition of The New York Times.
Posted at 09:24 PM by Howard Bashman


"US Supreme Court to rule on wedding cake that split America": Sebastien Blanc of Agence France-Presse has this report.
Posted at 11:33 AM by Howard Bashman


"Ohio Supreme Court Justice Bill O'Neill does not speak for me": Aftab Pureval, the Hamilton County Clerk of Courts in Cincinnati, has this essay online at The Cleveland Plain Dealer.
Posted at 11:28 AM by Howard Bashman


"A Conservative Plan to Weaponize the Federal Courts": Linda Greenhouse has this essay online at The New York Times.
Posted at 11:20 AM by Howard Bashman


Wednesday, November 22, 2017

"Top Ten Things I Am Thankful For On Thanksgiving": Senior U.S. District Judge Richard G. Kopf (D. Neb.) has this post at "Simple Justice." The post includes a shout-out to #AppellateTwitters, in a footnote no less.
Posted at 08:25 PM by Howard Bashman


"Conservatives have a breathtaking plan for Trump to pack the courts": Ronald A. Klain has this op-ed in today's edition of The Washington Post.
Posted at 08:07 PM by Howard Bashman


"Judges Over Principles: The never-Trump legal movement has morphed into a push to pack the courts with Trump-selected judges." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:02 PM by Howard Bashman


"Why the Law Might Not Allow the Senate to Expel Roy Moore": Stan Brand has this essay online at Politico Magazine.
Posted at 07:58 PM by Howard Bashman


"Why the Courts Will Have to Save Net Neutrality": Law professor Tim Wu has this essay online at The New York Times.
Posted at 07:56 PM by Howard Bashman


"Fighting Gay Rights and Abortion With the First Amendment": Jeremy W. Peters of The New York Times has this report.
Posted at 03:05 PM by Howard Bashman


"Against the positive law model in the Carpenter cell-site case": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 02:00 PM by Howard Bashman


"U.S. appeals court revives claims in $1.7 billion Iran terrorism lawsuit": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 01:48 PM by Howard Bashman


"Let's Settle the Legality of DACA Now; The Trump administration can bypass lower courts by asking the Supreme Court to hear an Arizona case": Law professor Josh Blackman has this essay online at National Review.
Posted at 01:35 PM by Howard Bashman


"Appeals court skeptical of privacy-focused suit against Trump voter fraud panel": Josh Gerstein of Politico.com has this blog post about a case argued yesterday before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

You can access the oral argument audio via this link (28.6 MB mp3 audio file).
Posted at 01:30 PM by Howard Bashman



"Former UMKC lecturer sues over class cancellation; Henry Lyons claims he was improperly punished after calling attention to alleged academic irregularities involving an athlete at UMKC": Dave Helling of The Kansas City Star had this article back in July 2013.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued this decision ordering the dismissal of the lecturer's damages claims.
Posted at 01:12 PM by Howard Bashman



Majority on divided three-judge Second Circuit panel rules against Almighty Supreme Born Allah: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In early news coverage, Jonathan Stempel of Reuters reports that "Award reversed for Connecticut inmate who challenged confinement."
Posted at 01:00 PM by Howard Bashman



Tuesday, November 21, 2017

"7th Circ. Denies EEOC Rehearing Bid In Autozone Bias Suit": Adam Lidgett of Law360.com has a report (subscription required for full access) that begins, "A split Seventh Circuit rejected Tuesday the U.S. Equal Employment Opportunity Commission's request for a full court review of a June panel finding that AutoZone did not discriminate against a black employee by transferring him because of his race."

You can access today's order of the U.S. Court of Appeals for the Seventh Circuit denying rehearing en banc, and the dissent therefrom, at this link.
Posted at 09:57 PM by Howard Bashman



"Seek balance on polling place speech: Preserving free speech while protecting voters is a balance that deserves careful consideration." The Minneapolis Star Tribune has published this editorial.
Posted at 09:48 PM by Howard Bashman


"Federal court affirms deal for Gordie Howe Bridge": Michael Gerstein of The Detroit News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 09:44 PM by Howard Bashman


"Roy Moore misconduct, assault allegations continue to rile campaign": Brian Lyman of The Montgomery Advertiser has this report.

And Leada Gore of AL.com has reports headlined "Trump on Roy Moore: President indicates support for Moore, calls Democrat Doug Jones 'terrible'" and "Mitch McConnell, Roy Moore's favorite target, is Alabama native."
Posted at 07:50 PM by Howard Bashman



"The Supreme Court Is a Dangerous Conservative Obsession; The Courts are important, but cultural arguments have a larger impact": David French has this essay online at National Review.
Posted at 07:46 PM by Howard Bashman


"Patent 'Trolls' Recede as Threat to Innovation. Will Justices Change That?" Eduardo Porter has this post online at The New York Times.
Posted at 07:42 PM by Howard Bashman


"U.S. patent review board becomes conservative target": Jan Wolfe of Reuters has this report.
Posted at 01:25 PM by Howard Bashman


"Making the judiciary great again: Donald Trump's new contenders for the Supreme Court; The president's new list sends an unsubtle message to Justice Anthony Kennedy." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:22 PM by Howard Bashman


"Appeals Court Rules 'NBA 2K' Players Lack Standing to Sue Over Face-Scanning; The privacy battle isn't quite over, but suing gamers experience a setback at the 2nd Circuit": Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter about a summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:15 PM by Howard Bashman


"Carpenter v. United States and the positive law model": Will Baude has this post at "The Volokh Conspiracy."
Posted at 01:07 PM by Howard Bashman


"Judge Kim McLane Wardlaw Makes Her Mark": Ed Whelan has this post at National Review's "Bench Memos" blog.
Posted at 01:04 PM by Howard Bashman


"Justice Department investigating Harvard over its admission policies": Laura Krantz and Deirdre Fernandes of The Boston Globe have this report.

Susan Svrluga and Nick Anderson of The Washington Post report that "Justice Department investigating Harvard's affirmative-action policies."

Laura Jarrett of CNN.com reports that "Justice Dept. investigating Harvard over affirmative action policies."

And Dominic Holden and Molly Hensley-Clancy of BuzzFeed News report that "The Justice Department Is Threatening To Sue Harvard To Get Its Admissions Records; The Trump administration is drilling down on affirmative action."
Posted at 12:54 PM by Howard Bashman



"Will the Supreme Court Kill The Death Penalty This Term?" Jordan S. Rubin of Bloomberg BNA has this report.
Posted at 12:46 PM by Howard Bashman


"The Sinister Influence of Charles Manson": Jeffrey Toobin has this post online at The New Yorker.

And in the November 27, 2017 issue of that magazine, Alec Wilkinson has an Annals of Crime article headlined "The Serial-Killer Detector: A former journalist, equipped with an algorithm and the largest collection of murder records in the country, finds patterns in crime."
Posted at 09:46 AM by Howard Bashman



"Don't believe Roy Moore's accusers? Then listen to Moore." Columnist Kyle Whitmire has this essay online at AL.com.
Posted at 09:40 AM by Howard Bashman


"Trump administration asks SCOTUS to allow all of travel ban to go into effect pending appeal": Ariane de Vogue of CNN.com has this report.

And Josh Gerstein of Politico.com reports that "Trump administration takes travel ban back to Supreme Court; Justice Department asks to fully implement revised policy president issued in October."
Posted at 09:36 AM by Howard Bashman



"Mobile-Phone Case at U.S. Supreme Court to Test Privacy Protections": Greg Stohr of Bloomberg News has this report.
Posted at 09:34 AM by Howard Bashman


Monday, November 20, 2017

"Text and History Fed Soc Style": Eric Segall has this post at "Dorf on Law."
Posted at 10:22 PM by Howard Bashman


"Supreme Court Justice Stephen Breyer speaking at University of South Carolina's winter commencement": Andy Shain of The Post and Courier of Charleston, South Carolina has this report.
Posted at 09:58 PM by Howard Bashman


"NFL concussion case: Can MDL judges police plaintiffs' funding deals?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 09:50 PM by Howard Bashman


"Too much ado about Trump's 'outsourced' Supreme Court list": Michael McGough has this essay online at The Los Angeles Times.
Posted at 09:42 PM by Howard Bashman


"Gov. Scott asks for Justice Pariente recusal in judicial powers case": Gray Rohrer of The Orlando Sentinel has this report.

And Mary Ellen Klas of The Tampa Bay Times reports that "Gov. Scott asks Justice Pariente to recuse herself from appointment case; Governor argues Pariente can't be impartial."
Posted at 09:38 PM by Howard Bashman



"Every Other Terrible Thing About Roy Moore": Katherine Stewart has this essay online at The New York Times.
Posted at 09:06 PM by Howard Bashman


"Justice at Last for the Youngest Inmates?" The New York Times has published an editorial that begins, "How many times does the Supreme Court have to repeat itself before its message gets through? In the case of life-without-parole sentences for juveniles, the answer seems to be: at least one more time."
Posted at 08:40 PM by Howard Bashman


"Who's On the Case: Successful Cert Petitions 2017." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 05:52 PM by Howard Bashman


"Is Trump Restoring Separation of Powers? Several of his officials are working to contain the administrative state." Law professor Josh Blackman has this essay online at National Review.
Posted at 02:00 PM by Howard Bashman


"The Supreme Court sets a date for Georgia's water wars dispute": Greg Bluestein of The Atlanta Journal-Constitution has this report.
Posted at 01:50 PM by Howard Bashman


"Burlington lawyer joins U.S. Supreme Court Bar": The Times-News of Burlington, North Carolina has this report.
Posted at 01:48 PM by Howard Bashman


DRI's 2018 Appellate Advocacy seminar will take place on March 14-15, 2018 in Las Vegas: You can access additional details at this link.

According to an email that I received from one of the seminar's planners, "The 2018 seminar will include valuable insights into effective advocacy (including tips from Bryan Garner), and joint sessions with trial court practitioners. The seminar promises great networking opportunities with judges, appellate practitioners and trial advocates from across the country. The seminar coincides with the beginning of the NCAA men's basketball tournament, a great time to enjoy the excitement of Las Vegas."
Posted at 01:23 PM by Howard Bashman



"Republicans just eliminated blue slips for circuit nominees, and the Third Circuit is where that matters most": Matthew Stiegler has this post at his "CA3blog."
Posted at 01:18 PM by Howard Bashman


"Chief Justice Roberts returns to Harvard Law for the Ames Competition": Harvard Law Today has this report.

Harvard Law School has posted on YouTube at this link the final round of the 2017 Ames Moot Court Competition.
Posted at 01:14 PM by Howard Bashman



"After Eight Years On The Sidelines, This Conservative Group Is Primed To Reshape The Courts For Decades": Zoe Tillman of BuzzFeed News has this report.
Posted at 09:45 AM by Howard Bashman


"Serving Extra Years in Prison, and the Courthouse Doors Are Closed": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:42 AM by Howard Bashman


Sunday, November 19, 2017

"Roy Moore is not a pedophile": Professors Rachel Hope Cleves and Nicholas L. Syrett have this essay online at The Washington Post.
Posted at 10:45 PM by Howard Bashman


"Liberals and Sexual Harassment: Al Franken, Roy Moore, and a test for the Democratic Party." Amy Davidson Sorkin will have this Comment in the Talk of the Town section of the November 27, 2017 issue of The New Yorker.
Posted at 10:14 PM by Howard Bashman


"DACA backers move to avert Supreme Court fight over records": Josh Gerstein of Politico.com has this report.
Posted at 10:08 PM by Howard Bashman


"He Took On the Voting Rights Act and Won. Now He's Taking On Harvard." Anemona Hartocollis of The New York Times has this profile of Edward Blum.
Posted at 09:33 PM by Howard Bashman


"Should Judges Tweet?" Jennifer North has this post at the "Appellate Advocacy Blog."
Posted at 08:56 PM by Howard Bashman


"The Supreme Court has emerged as a critical partisan lever for Trump and Moore": Philip Bump of The Washington Post has this news analysis.
Posted at 07:58 PM by Howard Bashman


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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