How Appealing

Sunday, December 31, 2017

"'I Wish You Bad Luck,' He Said With Good Intentions; Chief Justice John Roberts elaborates on this spring's famous ninth-grade graduation speech": Bob Greene has this essay online at The Wall Street Journal.
Posted at 08:06 PM by Howard Bashman


"Courts Must Better Police Themselves on Harassment, Chief Justice Says": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Chief Justice Roberts says courts will examine protections against sexual harassment."

David G. Savage of The Los Angeles Times reports that "Chief Justice Roberts says the courts will take a closer look at how to prevent sexual harassment of clerks."

Jess Bravin of The Wall Street Journal reports that "Chief Justice Asks Federal Judiciary to Assess Its Sexual Harassment Policies; Chief Justice John Roberts says judicial branch 'is not immune' to the problem of workplace harassment."

Jessica Gresko of The Associated Press has a report headlined "Roberts: Judiciary will review sexual misconduct policies."

Valerie Volcovici of Reuters reports that "Chief justice orders review of sexual harassment standards in U.S. judiciary."

Laurie Asseo of Bloomberg News reports that "U.S. Courts Will Review Rules After Sexual Harassment Claims."

And Ariane de Vogue of CNN.com reports that "Chief Justice Roberts announces sexual harassment moves, touts disaster response in year-end report."
Posted at 07:58 PM by Howard Bashman



Access Chief Justice John G. Roberts, Jr.'s 2017 Year-End Report on the Federal Judiciary: At this link.

I will link to related news coverage later tonight.
Posted at 06:00 PM by Howard Bashman



"China Snares Innocent and Guilty Alike to Build World's Biggest DNA Database; Police gather blood and saliva samples from many who aren't criminals, including those who forget ID cards, write critically of the state or are just in the wrong place": Wenxin Fan, Natasha Khan, and Liza Lin of The Wall Street Journal have this report.
Posted at 11:28 AM by Howard Bashman


"Ruling but no resolution on which teen killers merit parole": Adam Geller of The Associated Press has this report.

Also, in related coverage from The AP, Sharon Cohen has a report headlined "Should a man in prison for dad's murder get another chance?" And The AP reports that "Daughter takes on ruling that may let mom's killer go free."
Posted at 11:20 AM by Howard Bashman



"California high school football player can't be forced to stand for national anthem, court rules": Adam Elmahrek of The Los Angeles Times has this report.
Posted at 11:15 AM by Howard Bashman


"Masterpiece Cakeshop: The Slope Is, in Fact, Slippery; The case forces us to ask how far we want anti-discrimination laws to go." Kevin D. Williamson has this essay online at National Review.
Posted at 11:11 AM by Howard Bashman


"A Lawless President Meets the Rule of Law": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 11:08 AM by Howard Bashman


"The most important SCOTUS stories of 2017": Law professor Erwin Chemerinsky has this essay online at ABA Journal.
Posted at 11:06 AM by Howard Bashman


"Supreme Court to take up Ohio's purges of inactive voters": Julie Carr Smyth and Mark Sherman of The Associated Press have this report.
Posted at 11:03 AM by Howard Bashman


Saturday, December 30, 2017

"Local judge overrules Rauner on union dues, but U.S. Supreme Court case could decide issue": Beth Hundsdorfer of The Belleville (Ill.) News-Democrat has this report.
Posted at 05:04 PM by Howard Bashman


"Should jurors see disputed video in $8.5M workplace injury case?" Chuck Lindell of The Austin American-Statesman has this report.
Posted at 05:00 PM by Howard Bashman


Friday, December 29, 2017

"Academic freedom goes on trial": Online at The Washington Post, columnist George F. Will has an essay that begins, "Wisconsin's Supreme Court can soon right a flagrant wrong stemming from events set in motion in 2014 at Milwaukee's Marquette University by Cheryl Abbate."
Posted at 11:55 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Floods, Fires, and Clerkships." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:54 PM by Howard Bashman


"In gerrymandering case, judge recommends Pa. Supreme Court uphold congressional map": Jonathan Lai of The Philadelphia Inquirer has this report.

Trip Gabriel and Alexander Burns of The New York Times report that "Judge Says Pennsylvania Election Districts Give Republicans an Edge, But Are Not Illegal."

And Marc Levy of The Associated Press has a report headlined "No proof congressional map is unconstitutional, judge says."

Judge P. Kevin Brobson of the Commonwealth Court of Pennsylvania issued these Recommended Findings of Fact and Conclusions of Law today.
Posted at 09:55 PM by Howard Bashman



Dead judges voting: The U.S. Court of Appeals for the Ninth Circuit issued this decision today in an appeal in which one of the two judges in the majority passed away before the decision issued.

Some of this blog's extensive earlier consideration of this issue can be accessed via this link.
Posted at 01:35 PM by Howard Bashman



"SCOTUS for law students: Gorsuch's start." Stephen Wermiel has this post at "SCOTUSblog."
Posted at 12:30 PM by Howard Bashman


"The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)": Orin Kerr has this post at the "Lawfare" blog.
Posted at 12:28 PM by Howard Bashman


Thursday, December 28, 2017

"What was the 'First' Appellate Court in the Colonial Americas?" Michael Wein has this post at the "Maryland Appellate Blog."
Posted at 11:42 PM by Howard Bashman


"Silk Road administrator appeals case before Supreme Court": Andrew Blake of The Washington Times has this report.
Posted at 11:12 PM by Howard Bashman


"The Constitution's Blooper Reel": Michael Nelson has this essay online at The New York Times.
Posted at 11:10 PM by Howard Bashman


"Supreme Court blunders tarnish reputation": Alex Swoyer of The Washington Times has an article that begins, "Americans count on the justices to be nearly infallible, but the Supreme Court this year has made two embarrassing stumbles by kicking the wrong lawyers out of the high court's bar."
Posted at 11:06 PM by Howard Bashman


"Appeals court upholds fine against Christian bakers who refused to make same-sex wedding cake": Gordon R. Friedman of The Oregonian has this report.

Whitney Woodworth of The Statesman Journal of Salem, Oregon reports that "Oregon court upholds $135,000 fine, part of ruling against bakery in gay wedding cake case."

Saul Hubbard of The Register-Guard of Eugene, Oregon reports that "Gresham bakers discriminated against gay couple by refusing to make wedding cake, Oregon Appeals Court rules."

Bradford Richardson of The Washington Times reports that "Appeals court rules against Oregon bakers fined $135K in gay-wedding cake dispute."

Steven DuBois of The Associated Press reports that "Court rules against Oregon bakers in wedding-cake case."

And Dan Whitcomb of Reuters reports that "Oregon appeals court upholds damages in gay wedding cake case."

You can access today's ruling of the Court of Appeals of Oregon at this link.
Posted at 09:03 PM by Howard Bashman



"Often at odds, Trump and GOP relish tax win, court picks": Andrew Taylor of The Associated Press has this report.
Posted at 08:47 PM by Howard Bashman


Wednesday, December 27, 2017

"Ross Ulbricht Files Appeal to the Supreme Court on His Life Sentence Without Parole; Silk Road founder's appeal stresses the dangerous Fourth and Sixth Amendment implications of his prosecution and sentencing": Brian Doherty has this post at Reason's "Hit & Run" blog.
Posted at 08:04 PM by Howard Bashman


"Trump Had A Good Year Getting Judges Confirmed, But He's Still A Long Way From Reshaping The Courts; Some judges appointed by Democratic presidents told BuzzFeed News they're hesitant to step down and give Trump more seats to fill": Zoe Tillman of BuzzFeed News has this report.
Posted at 07:52 PM by Howard Bashman


"Is the Supreme Court Backsliding on LGBT Rights? Two and a half years after it sanctioned gay marriage, the Court has been sowing confusion about its commitment to equal citizenship." Law professor Adam Winkler has this essay online at The New Republic.
Posted at 08:30 AM by Howard Bashman


"Rose Bowl more like Supreme Court Bowl with Georgia-Oklahoma matchup": Brent Schrotenboer of USA Today has this report.
Posted at 08:26 AM by Howard Bashman


Tuesday, December 26, 2017

"The Ninth Circuit Previews Why Article II Will Save The Travel Ban": Josh Blackman has this post at the "Lawfare" blog.
Posted at 09:34 PM by Howard Bashman


"Military poised to accept transgender troops, despite Trump tweets, as courts block ban": David G. Savage of The Los Angeles Times has this report.
Posted at 07:36 PM by Howard Bashman


"Lawyers' group fuels Republicans' ire over its negative reviews of Trump judicial picks": Richard Wolf of USA Today has this report.
Posted at 07:32 PM by Howard Bashman


"U.S. appeals court rejects challenge to Trump voter fraud panel": Andrew Chung of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 07:24 PM by Howard Bashman


Monday, December 25, 2017

"Something to Talk About": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:10 PM by Howard Bashman


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


"American ISIS Suspect Held in Iraq Has Right to Lawyer, Judge Rules": Charlie Savage has this article in today's edition of The New York Times.

Joseph Tanfani of The Los Angeles Times reports that "U.S. citizen held after capture in Syria must be given a chance to talk to a lawyer, judge says."

Jessica Donati of The Wall Street Journal reports that "U.S. Military Ordered to Let American Held in Iraq See a Lawyer; Federal judge said Defense Department is sole impediment to legal counsel for U.S. citizen captured in Syria three months ago."

Deb Riechmann of The Associated Press has a report headlined "Judge: American accused of fighting for IS must get lawyer."

Laura Jarrett of CNN.com reports that "American accused of fighting for ISIS will get legal counsel, judge says."

Salvador Hernandez of BuzzFeed News reports that "Judge Rules American Captured Fighting Alongside ISIS In Syria Has Right To An Attorney."

And at the "Just Security" blog, Marty Lederman has a post titled "Judge Chutkan's Ruling on the Unidentified U.S. Citizen Detainee."

You can access Saturday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 10:40 AM by Howard Bashman



"Black Turnout in Alabama Complicates Debate on Voting Laws": Alan Blinder and Michael Wines have this article in today's edition of The New York Times.
Posted at 10:20 AM by Howard Bashman


Sunday, December 24, 2017

"What the FUCT Supreme Court Victory Means for Free Speech & Street Culture": Jian DeLeon has this post at Highsnobiety.

My earlier coverage of this month's Federal Circuit ruling can be accessed here and here.
Posted at 11:05 AM by Howard Bashman



"Can the Supreme Court Continue to Live with Our Arbitrary and Capricious Death Penalty?" Liliana Segura has this report online at The Intercept.
Posted at 10:53 AM by Howard Bashman


"Hovercraft enthusiast to appeal again to top court": In today's edition of The Fairbanks Daily News-Miner, Sam Friedman has a front page article that begins, "John Sturgeon plans to put his lawsuit about federal authority on Alaska rivers before the U.S. Supreme Court again."
Posted at 10:48 AM by Howard Bashman


"The Clarence Thomas Exception: Anita Hill's accusations against the Supreme Court nominee launched the first #MeToo moment 26 years ago, but the justice has faced little renewed scrutiny amid the current reconsideration of sexual harassment." David A. Graham of The Atlantic has this report.
Posted at 10:45 AM by Howard Bashman


"Iowa Supreme Court justice lifts 'prior restraint' order against Des Moines Register": On Tuesday, Jason Clayworth of The Des Moines Register had this report.
Posted at 10:42 AM by Howard Bashman


"U.S. Supreme Court could hear case of St. Louis man serving 241-year sentence": Robert Patrick of The St. Louis Post-Dispatch has this report.
Posted at 10:38 AM by Howard Bashman


"The Supreme Court's Travel Ban Off-Ramp: A federal ruling offers the justices a clever way to reject Trump's travel ban without limiting government power over immigration." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:34 AM by Howard Bashman


Saturday, December 23, 2017

"Appeals Court Rules Against Latest Travel Ban": Miriam Jordan has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Matt Zapotosky has an article headlined "Appeals court rules that Trump's latest entry ban violates the law."

Dan Levine and Jon Herskovitz of Reuters have a report headlined "Trump travel ban should not apply to people with strong U.S. ties: court."

Jennifer Sinco Kelleher and Martha Bellisle of The Associated Press have a report headlined "Appeals court: Trump exceeded authority with travel ban."

And Chris Geidner of BuzzFeed News reports that "Appeals Court Rules That Trump's Third Attempt At His Travel Ban Still Violates Federal Law."

You can access yesterday evening's per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:26 PM by Howard Bashman



"#MeToo in the Courts: What's next, and what's needed, in the wake of sexual harassment claims concerning the judiciary?" Dahlia Lithwick speaks with Heidi Bond, Emily Murphy, and Leah Litman on this new installment of Slate's "Amicus" podcast.
Posted at 11:34 AM by Howard Bashman


"Why we should lower student expectations about judicial clerkships": Peter Conti-Brown has this post at the "Notice & Comment" blog of the Yale Journal on Regulation, along with a post titled "Judicial exceptionalism and its corrosive effects."

And The Los Angeles Times has published letters to the editor under the headings "Who are the people who looked the other way at Alex Kozinski?" and "Why the porn habits of Alex Kozinski -- or anyone -- should raise red flags about potential harassment."
Posted at 11:30 AM by Howard Bashman



"Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011": Charlie Savage and Ron Nixon of The New York Times have this report.
Posted at 11:24 AM by Howard Bashman


"Appeals Courts Deny Trump Admin's Request To Delay Jan. 1 Trans Military Recruits Start Date": Chris Geidner of BuzzFeed News has this report.
Posted at 11:20 AM by Howard Bashman


"Trump is obsessing over some federal justice picks -- and ignoring others": Columnist Colbert I. King has this op-ed in today's edition of The Washington Post.
Posted at 11:16 AM by Howard Bashman


Friday, December 22, 2017

"Revisiting David Lat's 'Supreme Ambitions' in light of the Kozinski scandal": Peter Conti-Brown has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:02 AM by Howard Bashman


Thursday, December 21, 2017

"Why Petersen may not be the last judicial nominee with no trial experience: The embarrassing washout of a Trump nominee to the D.C. bench highlights the fact that fewer and fewer cases go to trial, meaning fewer and fewer lawyers with trial experience." Josh Gerstein of Politico.com has this report.
Posted at 08:14 PM by Howard Bashman


"California Supreme Court rules against drug company in warning-label case": Bob Egelko of The San Francisco Chronicle has an article that begins, "Consumer advocates scored a major victory over drug companies Thursday when the California Supreme Court said pharmaceutical manufacturers are responsible for harm caused by defective warnings in labels on generic versions of their products."

Nate Raymond of Reuters reports that "California court says Novartis can be sued over generic drug injuries."

And at the "At the Lectern" blog of Horvitz & Levy, David Ettinger has a post titled "4-3 drug liability opinion might be a rehearing candidate because randomly selected pro tem justice is in the majority."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 08:04 PM by Howard Bashman



"People Magazine Investigates S02E07 Marked for Murder": The episode of "People Magazine Investigates" focusing on the murder of law professor Dan Markel can be freely accessed on YouTube at this link.
Posted at 07:55 PM by Howard Bashman


"Supreme Court Clerk Hiring Watch: Are Reports Of Justice Kennedy's Retirement Greatly Exaggerated? Wow! Justice Kennedy has hired a full complement of four law clerks for the next Supreme Court Term." David Lat has this post at "Above the Law."
Posted at 07:52 PM by Howard Bashman


"Reimagining Prison with Frank Gehry": Bill Keller has this post online at The New Yorker.
Posted at 05:08 PM by Howard Bashman


"Help a Justice Out": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 03:45 PM by Howard Bashman


"Trump announces ninth wave of judicial nominees": Alex Swoyer of The Washington Times has this report.

And Ariane de Vogue and David Shortell of CNN.com report that "Trump announces new judicial picks despite past vetting concerns."
Posted at 03:04 PM by Howard Bashman



"GOP Kennedy made life tough for a Trump judicial nominee": Kevin Freking of The Associated Press has this report.

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled "Too Bad for the Bench: Finally, the Senate is shooting down Trump's lousy judicial picks; Is this the end of the administration's crusade to stack the bench?"
Posted at 03:00 PM by Howard Bashman



"Why Judges Matter": Linda Greenhouse has this essay online at The New York Times.
Posted at 02:51 PM by Howard Bashman


"Pitch perfect: Supreme Court justices may give away their votes with their voices; Political scientists hit upon a surprisingly reliable signal of how the high court will rule." Steven Mazie has this post at the "Democracy in America" blog of The Economist.

The current draft of a paper titled "Emotional Arousal Predicts Voting on the U.S. Supreme Court" by Bryce J. Dietrich, Ryan D. Enos, and Maya Sen can be accessed here.
Posted at 01:58 PM by Howard Bashman



"Is the ABA any good at evaluating judicial nominees?" Derek T. Muller recently had this post at his blog, "Excess of Democracy."
Posted at 01:48 PM by Howard Bashman


Wednesday, December 20, 2017

"Law Clerks Say Federal Judiciary Isn't Equipped To Handle Sexual Harassment; They want 'significant changes'": Dana Liebelson, Jennifer Bendery, and Ryan J. Reilly of HuffPost have this report.
Posted at 11:11 PM by Howard Bashman


"Susan Estrich Plays the Feminist Card, Hopefully for the Last Time": Michael Dorf has this blog post at "Dorf on Law."

And also at that blog, Sherry F. Colb has a post titled "Why Not 'Just Say No' to Sexual Harassers?"
Posted at 09:48 PM by Howard Bashman



"State 'Hostility' to Religion Without Religious Discrimination?: The Unexpected Free Exercise Issue Lurking in Masterpiece Cakeshop." Marty Lederman has this blog post at "Balkinization."
Posted at 09:44 PM by Howard Bashman


"Chief Justice Roberts calls for review of procedures for protecting court employees from misconduct": Joan Biskupic of CNN.com has this report.
Posted at 07:34 PM by Howard Bashman


"Supreme Court Rules The Trump Administration Doesn't Need To Turn Over DACA Documents At This Time": Chris Geidner of BuzzFeed News has this report on a unanimous per curiam opinion that the U.S. Supreme Court issued this evening.
Posted at 06:10 PM by Howard Bashman


"The Decades-Long Defense of an Alabama Death-Row Prisoner Enters a Final Phase": Jennifer Gonnerman has this post online at The New Yorker.
Posted at 04:45 PM by Howard Bashman


"Beyond the Marks Rule": Law professor Richard M. Re has posted this article on SSRN (via "Legal Theory Blog").

And at "PrawfsBlawg," Re has a related post titled "The Marks Rule and Hughes v. United States."
Posted at 04:28 PM by Howard Bashman



"Federal appeals court upholds Metro's ban on Christmas-themed ad, at least for now": Martine Powers of The Washington Post has this report.
Posted at 04:18 PM by Howard Bashman


"Murder trial delayed again for gunman accused of Dan Markel slaying": Karl Etters of The Tallahassee Democrat has this report.
Posted at 02:08 PM by Howard Bashman


"A Court Transformed: The Ninth Circuit, the 1978 Judgeship Act, and the Carter Judges." The California Academy of Appellate Lawyers, the Appellate Courts Section of the Los Angeles County Bar Association, the Department of Political Science of Loyola Marymount University, and the Ninth Judicial Circuit Historical Society will be hosting this conference at the Richard H. Chambers Courthouse in Pasadena, California on Saturday, February 17, 2018.
Posted at 01:50 PM by Howard Bashman


"Insane Clown Posse fans can't get off FBI's 2011 gang list -- 6th Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.

My earlier coverage of Monday's Sixth Circuit ruling can be accessed here.
Posted at 11:22 AM by Howard Bashman



"Democrats slam 'bad' Trump judicial nominees, but they don't like the good ones either": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 11:15 AM by Howard Bashman


"Trump's Supreme Court appointee Gorsuch plots rightward course": Lawrence Hurley of Reuters has this report.
Posted at 11:13 AM by Howard Bashman


"The Ghoulish Pursuit of Executing a Terminally Ill Inmate": Law professor Bernard E. Harcourt has this essay online at The New York Times.
Posted at 11:11 AM by Howard Bashman


"US drops effort to block young immigrant from getting abortion": Ariane de Vogue of CNN.com has this report.

And Zoe Tillman and Ema O'Connor of BuzzFeed News report that "Two Young Undocumented Women Will Be Able To Get Abortions After The Department Of Justice Dropped Challenges; The ACLU says it will continue to challenge the Trump administration's contention that it has authority to stop undocumented teens in US custody from getting abortions."
Posted at 11:00 AM by Howard Bashman



"The strange case of the disappearing oral argument videos": Matthew Stiegler has this post at his "CA3blog."
Posted at 09:18 AM by Howard Bashman


"There's More Than One Kind of Workplace Civility; The sexual harassment scandal is changing social norms; Let the new ones respect human variety": Online at Bloomberg View, Virginia Postrel has an essay that begins, "The #MeToo cascade has now claimed a federal judge. Alex Kozinski, a colorful and influential libertarian jurist on the Ninth Circuit Court of Appeals, has stepped down amid allegations that he showed female clerks pornography, made workplace comments about having sex, and on some occasions groped female colleagues."
Posted at 09:12 AM by Howard Bashman


"'He's not weak, is he?': Inside Trump's quest to alter the judiciary." Philip Rucker, Josh Dawsey, and Ashley Parker have this front page article in today's edition of The Washington Post.
Posted at 09:03 AM by Howard Bashman


"Two undocumented pregnant teens in custody appear on track to obtain abortions": Ann E. Marimow of The Washington Post has this report.
Posted at 09:00 AM by Howard Bashman


Tuesday, December 19, 2017

"Appeals court expands public access to oral arguments with live audio streaming": Ann E. Marimow of The Washington Post has an article that begins, "In a move to increase public access and transparency in the court system, a federal appeals court in Washington announced Tuesday that it will live stream audio of any oral argument upon request."

You can access today's announcement of the U.S. Court of Appeals for the D.C. Circuit at this link.

This wonderful new policy is likely to result, in practice, in the live-streaming of all D.C. Circuit oral arguments except for those rare appeals presenting "case-specific confidentiality concerns."

If the so-called second-highest court in the land is willing of its own volition to adopt such a policy, one might hope that the highest court in the land won't be too far behind.
Posted at 10:24 AM by Howard Bashman



"Alex Kozinski's retirement doesn't end the discussion about sexual harassment in the judiciary": The Los Angeles Times has published this editorial.
Posted at 10:18 AM by Howard Bashman


Monday, December 18, 2017

"Trump talked about rescinding Gorsuch's nomination": Ashley Parker, Josh Dawsey, and Robert Barnes of The Washington Post have this report.
Posted at 09:36 PM by Howard Bashman


"Insane Clown Posse, Juggalos lose appeal on FBI gang designation": Robert Allen of The Detroit Free Press has this report.

Robert Snell of The Detroit News reports that "Insane Clown Posse loses appeals court fight."

And Gus Burns of MLive.com reports that "Supreme Court possible next stop for Insane Clown Posse gang designation fight."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:40 PM by Howard Bashman



"Statehouse Beat: Supreme Court justice paid $10,000 for outside opinion." Columnist Phil Kabler of The Charleston (W. Va.) Gazette-Mail has an essay that begins, "A couple of weeks ago, I wrote about how the state Supreme Court, at the request of Justice Beth Walker, had paid $21,502 to have a Dallas lawyer/author fly in July 28 and give a one-day seminar for new law clerks on how to write opinions."
Posted at 08:30 PM by Howard Bashman


"Can privacy trump First Amendment in Iowa Supreme Court case v. Des Moines Register?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 08:00 PM by Howard Bashman


"People Magazine Investigates: Who Killed Popular Florida State Law Professor Dan Markel?" Jeff Truesdell of People.com has this preview of tonight's broadcast of "People Magazine Investigates."
Posted at 05:06 PM by Howard Bashman


"9th Circuit Judge Alex Kozinski steps down after accusations of sexual misconduct": Maura Dolan of The Los Angeles Times has this report.

Sarah Ravani of The San Francisco Chronicle reports that "Federal Judge Kozinski retires as sexual misconduct inquiry launched."

Niraj Chokshi of The New York Times reports that "Federal Judge Alex Kozinski Retires Abruptly After Sexual Harassment Allegations."

Richard Wolf of USA Today reports that "Prominent federal appeals court judge accused of sexual harassment retires."

Alex Swoyer of The Washington Times reports that "U.S. 9th Circuit judge resigns after sexual misconduct allegations."

Regina F. Graham of The Daily Mail (UK) reports that "Prominent 9th Circuit Judge Alex Kozinski announces immediate retirement after 15 women accuse him of sexual misconduct including one who says he grabbed her breasts in a car."

Reuters reports that "U.S. appeals judge steps down amid harassment inquiry."

Dan Berman and Laura Jarrett of CNN.com report that "Judge Alex Kozinski, accused of sexual misconduct, resigns."

And Marina Fang of HuffPost reports that "Federal Judge Announces Retirement After Sexual Misconduct Allegations; At least 15 women have said Judge Alex Kozinski groped them, made inappropriate sexual comments, and/or showed them pornography."
Posted at 01:34 PM by Howard Bashman



"New Supreme Court cookbook dishes up history, recipes": Jessica Gresko of The Associated Press has this report.
Posted at 10:52 AM by Howard Bashman


"A Better Way to Give Trump More Judgeships to Fill: More than 100 Republican appointees have the option of assuming 'senior status.'" Law professor Josh Blackman has this essay online at National Review.
Posted at 10:45 AM by Howard Bashman


"Federal appeals judge announces immediate retirement amid investigation prompted by accusations of sexual misconduct": Matt Zapotosky of The Washington Post has an article that begins, "Alex Kozinski, the powerful judge on the U.S. Court of Appeals for the 9th Circuit who was facing a judicial investigation over allegations that he subjected 15 women to inappropriate sexual behavior, announced Monday that he would retire effective immediately."
Posted at 09:44 AM by Howard Bashman


"Across the Atlantic, Another Supreme Court Case on Cake and Gay Rights": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

My earlier coverage of the Ireland case can be accessed here.
Posted at 09:05 AM by Howard Bashman



"Another Escalation in the Judicial War: What will happen when a Senate majority votes in unison against every presidential nominee?" Ilya Shapiro has this essay online at The Wall Street Journal.
Posted at 09:02 AM by Howard Bashman


"Should wanting to see the Supreme Court require nights on the sidewalk?" Robert Barnes has this article in today's edition of The Washington Post.
Posted at 08:53 AM by Howard Bashman


Sunday, December 17, 2017

"F-Bombs Away! Scandalous Trademarks No Longer Taboo, Court Rules; The fuct clothing brand has opened the door for f-word-related trademarks in a big free speech ruling." Ashley Cullins has this post at the "THR, Esq." blog of The Hollywood Reporter.

My earlier coverage of Friday's Federal Circuit ruling can be accessed here.
Posted at 11:20 PM by Howard Bashman



"When I Bake My Masterpiece: Understanding the Justices' Positions in Masterpiece Cakeshop Based on Oral Arguments." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 10:42 PM by Howard Bashman


"Super Bowl Ticket Pricing Class Action Back in the Game": Perry Cooper of Bloomberg Law has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued on Friday.
Posted at 10:38 PM by Howard Bashman


"A Brief Glossary for Trump's Judicial Nominees: What to memorize for the confirmation hearing." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:28 AM by Howard Bashman


Saturday, December 16, 2017

"Why Texas' 'death penalty capital of the world' stopped executing people": Phil McCausland of NBC News has this report.
Posted at 01:57 PM by Howard Bashman


"Money Is Flowing Into State Supreme Court Races, Study Says": Carrie Johnson had this audio segment on this past Thursday's broadcast of NPR's "Morning Edition."
Posted at 01:15 PM by Howard Bashman


"Beverley McLachlin's final minutes at the Supreme Court: The chief justice who redefined the job and left a lasting mark on Canada departs with a few parting words and much praise." Meagan Campbell of Maclean's has this report.

Bruce Campion-Smith of The Toronto Star reports that "Beverley McLachlin leaves chief justice post cheering Supreme Court's work on Aboriginal issues."

And Kathleen Harris and Rosemary Barton of CBC News have an article headlined "'Shocked': Retiring chief justice was blindsided by Stephen Harper's public attack; Beverley McLachlin reveals behind-the-scenes details of battle with Conservatives."
Posted at 01:10 PM by Howard Bashman



"Hickenlooper picks CU professor for vacant Colorado Supreme Court seat, solidifying his legacy for the panel; John Hickenlooper was choosing between Marcy Glenn, Pattie Swift and Melissa Hart": Jesse Paul of The Denver Post has this report.

Colorado Public Radio reports that "Melissa Hart Chosen To Replace Allison Eid On Colorado Supreme Court."

And Andrew Sorensen of CU Boulder Today reports that "Melissa Hart named to Colorado Supreme Court."

For those keeping score at home, the confirmation of Neil M. Gorsuch to the U.S. Supreme Court ultimately resulted in the gain of a Democratic justice on the Supreme Court of Colorado.
Posted at 12:18 PM by Howard Bashman



"New justice named to Wyoming Supreme Court": Shane Sanderson of The Casper (Wyo.) Star Tribune has an article that begins, "Wyoming will have a new Supreme Court Justice in the new year. Governor Matt Mead announced Friday that he had appointed Lynne Boomgaarden to replace William U. Hill. Hill's retirement will become effective Feb. 17."
Posted at 12:12 PM by Howard Bashman


"Baroness Hale 'hoping for three women' to join Supreme Court bench": Victoria Ward of The Telegraph (UK) has this report.
Posted at 12:04 PM by Howard Bashman


Supreme Court of Montana to become gluten-free: The Associated Press reports that "Billings judge to replace Wheat on Montana Supreme Court."

And in local coverage, Phoebe Tollefson of The Billings Gazette reports that "Billings judge Ingrid Gustafson named to Montana Supreme Court."
Posted at 12:00 PM by Howard Bashman



"Iowa Supreme Court justice blocks Register's use of court records; Newspaper says Wiggins' order violates the First Amendment": Clark Kauffman of The Des Moines Register has this report.

And Ryan J. Foley of The Associated Press reports that "Iowa justice blocks newspaper from reporting court records."
Posted at 11:35 AM by Howard Bashman



"Trump's push to fill courts with conservative judges hits first speed bump": John Wagner, Robert O'Harrow Jr., and Karoun Demirjian have this front page article in today's edition of The Washington Post.
Posted at 11:07 AM by Howard Bashman


For the second Saturday in a row, an article about Ninth Circuit Judge Alex Kozinski appears on the front page of the print edition of The Washington Post: You can access today's front page in PDF format at this link.
Posted at 11:04 AM by Howard Bashman


Friday, December 15, 2017

Season 2, Episode 7 of "People Magazine Investigates" -- "Marked for Murder": Next Monday's episode on the Investigation Discovery network is described as follows: "Friends and family are stunned when an esteemed criminal law professor and father of two is executed in his garage. Investigators follow a series of leads that take them on a statewide hunt through Florida in search of the murderous masterminds."

Once the episode has aired, you can view the full episode online via this link.
Posted at 10:38 PM by Howard Bashman



"Judges to investigate Alex Kozinski as more women allege sexual misconduct": Maura Dolan of The Los Angeles Times has this report.

According to the article, "At least two of Kozinski's law clerks resigned on Thursday, according to a source knowledgeable about the situation. That source, who requested anonymity because of a professional connection with Kozinski, said it was almost unheard of for a circuit judge's clerk to resign from such a prestigious position midway through the term."
Posted at 10:02 PM by Howard Bashman



Access the 2009 statement of law professor Arthur D. Hellman to the House Committee on the Judiciary regarding the possible impeachment of former U.S. District Judge Samuel B. Kent (S.D. Tex.): At this link. CNN reported on the impeachment proceedings in an article headlined "Victims allege years of sexual misconduct by federal judge."

Kent ultimately served prison time after pleading guilty to the federal offense of obstruction of justice for having lied under oath during his judicial misconduct proceeding investigating charges of sexual abuse and sexual harassment. In August 2010, Lise Olson of The Houston Chronicle had an article headlined "Former federal judge Kent calls prison unfair, 'cruel.'"
Posted at 09:36 PM by Howard Bashman



According to the latest article from The Washington Post, attorney Susan Estrich is now representing Ninth Circuit Judge Alex Kozinski: In September 2016, Alessandra Stanley of The New York Times had an article headlined "The Curious Case of Susan Estrich."

And in August 2016, Paul Farhi of The Washington Post had an article headlined "What is feminist hero Susan Estrich doing representing Roger Ailes?"
Posted at 08:50 PM by Howard Bashman



"Judge Kozinski's Opinion in this 2001 Sexual Harassment Case Is Even More Alarming Now; Alex Kozinski has enormous power over his law clerks; He has even more over litigants who come before him": Sam Sankar has this jurisprudence essay online at Slate.
Posted at 08:27 PM by Howard Bashman


"How the Trump White House and GOP senators fast-track judicial nominees": Ariane de Vogue and Joan Biskupic of CNN.com have this report.
Posted at 08:20 PM by Howard Bashman


"Nine more women say judge subjected them to inappropriate behavior, including four who say he touched or kissed them": Matt Zapotosky of The Washington Post has an article that begins, "Nine more women say that Alex Kozinski -- a high-profile judge who sits on the U.S. Court of Appeals for the 9th Circuit -- subjected them to sexual comments or other conduct, including four who say he touched them inappropriately."
Posted at 07:53 PM by Howard Bashman


"Prominent Appeals-Court Judge Faces Sexual-Harassment Probe; Court opens investigation of Judge Alex Kozinski following claims of sexual misconduct by former law clerks": Sara Randazzo of The Wall Street Journal has this report.
Posted at 07:22 PM by Howard Bashman


"This federal justice has no business sitting in judgment of others": Columnist Ruth Marcus of The Washington Post has an essay that begins, "Of the deluge of sexual harassment stories gushing forth in recent weeks, one of the most disturbing -- one of the creepiest, really -- has also been one of the least noted: the allegations involving federal appeals court judge Alex Kozinski."
Posted at 07:14 PM by Howard Bashman


"Law School Is Hot Again as Politics Piques Interest; The number of people applying to law school has risen 12%, in the first significant boost in years": Sara Randazzo of The Wall Street Journal has this report.
Posted at 04:48 PM by Howard Bashman


The Second Circuit has won this round of the Judge Kozinski judicial misconduct sweepstakes: As Zoe Tillman of BuzzFeed News notes in a Tweet that you can access here. (A PDF copy of the letter from Chief Justice Roberts can be accessed here.)

The Third Circuit had been assigned the first round.

A list of the current members of the Judicial Council of the Second Circuit can be accessed here. Of the 13 members, seven are Second Circuit judges, while the remaining six are U.S. District Judges. Seven of the judges on the Second Circuit's Judicial Council are female, while the other six are male.

Update: In early news coverage, Ross Todd of The Recorder reports that "Kozinski Harassment Inquiry Is Routed to the Second Circuit; Chief Justice John Roberts has called on Second Circuit Chief Judge Robert Katzmann to head up an inquiry into sexual harassment complaints against Ninth Circuit Judge Alex Kozinski."
Posted at 03:50 PM by Howard Bashman



"First Amendment is at a crossroads in Supreme Court": Ariane de Vogue of CNN.com has this report.
Posted at 02:50 PM by Howard Bashman


Received in today's mail: A review copy of law professor Orly Lobel's new book, "You Don't Own Me: How Mattel v. MGA Entertainment Exposed Barbie's Dark Side."
Posted at 02:44 PM by Howard Bashman


SCOTUSDaily interviews Art Lien, a/k/a "Courtartist": You can read the interview at this link.
Posted at 02:00 PM by Howard Bashman


"Vulgar Clothing Trademark Deserves Legal Protection, Court Rules": Susan Decker of Bloomberg News has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 01:45 PM by Howard Bashman


"Court rules for AP in reporter impersonation document fight": Jessica Gresko of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:36 PM by Howard Bashman


"Clerkships are invaluable for young lawyers. They can also be a setup for abuse. When things go wrong, too often law clerks -- about half of whom are women -- feel they have nowhere to turn." Law professor Catherine N. Crump has this essay online at The Washington Post.
Posted at 01:30 PM by Howard Bashman


"Blind Justices: The Supreme Court should've tried to put a stop to Judge Alex Kozinski's behavior; Instead, the court abetted it." Claire Madill has this jurisprudence essay online at Slate.
Posted at 01:22 PM by Howard Bashman


"How Do You Solve A Problem Like Kozinski?" Scott H. Greenfield has this post at his "Simple Justice" blog.
Posted at 09:10 AM by Howard Bashman


Thursday, December 14, 2017

"Why is legal academia still remaining (mostly) silent on Alex Kozinski?" Paul Campos has this post at "Lawyers, Guns & Money."
Posted at 11:58 PM by Howard Bashman


"One Less Senate Vote Could Mean More Headaches for GOP; With margin reduced to 51-49, approving nominations and passing legislation get tougher": Kristina Peterson and Natalie Andrews of The Wall Street Journal have this report.
Posted at 11:42 PM by Howard Bashman


"In boon to securities plaintiffs, 6th Circuit pushes loss causation bounds": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:08 PM by Howard Bashman


"Hospital worker fired for refusing flu shot isn't a victim of religious discrimination, U.S. court says": 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 10:54 PM by Howard Bashman


"The #MeToo Moment: How One Harasser Can Rob a Generation of Women." Online at The New York Times, Amanda Taub has an essay that begins, "Last week Heidi Bond, a former law clerk to Judge Alex Kozinski, accused the prominent judge of sexually harassing her while she was working in his chambers a decade ago."
Posted at 10:42 PM by Howard Bashman


To which other federal appellate court's judicial council should the Alex Kozinski judicial misconduct complaint be assigned? That is a decision now facing Chief Justice John G. Roberts, Jr. Last time this question arose, with regard to the same judicial officer, Chief Justice Roberts assigned the matter to the Third Circuit.

As Matthew Stiegler of the "CA3blog" has explained on Twitter, one of the issues that could arise in the new misconduct proceeding is whether Judge Kozinski lied under oath during his testimony in the previous misconduct proceeding.

If I were the Chief Justice, the circuits that would be at the top of my list to handle the new misconduct proceeding would be (in numerical order) the Fifth, Eighth, and Eleventh Circuits.
Posted at 10:28 PM by Howard Bashman



"Federal judge in SF under investigation over sexual misconduct allegations": Annie Ma of The San Francisco Chronicle has this report.

Dan Levine of Reuters reports that "Inquiry launched into harassment allegations against U.S. appeals judge."

And Miranda Green, Ariane de Vogue, and Dan Berman of CNN.com report that "Court calls for inquiry into Judge Alex Kozinski accusations."
Posted at 10:09 PM by Howard Bashman



"Ninth Circuit Judge N. Randy Smith to Assume Senior Status in 2018": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.

I have enjoyed getting to know Judge Smith through my work on the Education Committee of the Appellate Judges Education Institute.
Posted at 08:37 PM by Howard Bashman



"Making a Murderer Postscript: The Perversion of Henry Friendly's Innocence Concern." Michael Dorf has this post at "Dorf on Law."
Posted at 08:26 PM by Howard Bashman


"It's Time to Start Impeachment Proceedings of Judge Kozinski": Cassandra Burke Robertson has this post, for which the comments are open, at "PrawfsBlawg."
Posted at 08:24 PM by Howard Bashman


"Chief judge initiates judicial review of allegations against Alex Kozinski": Matt Zapotosky of The Washington Post has this report.

Maura Dolan of The Los Angeles Times reports that "9th Circuit Judge Alex Kozinski to be investigated after sexual misconduct allegations."

Zoe Tillman of BuzzFeed News reports that "A Prominent Appeals Judge Accused Of Sexual Misconduct Is Now Facing An Inquiry By The Court System."

Ross Todd of The Recorder and Marcia Coyle of The National Law Journal report that "Ninth Circuit Brings Complaint Against Alex Kozinski After Sexual Harassment Claims; The Ninth Circuit's misconduct order indicated that Chief Judge Thomas was initiating a complaint himself based on a Dec. 8 report from the Washington Post."

At "Above the Law," Kathryn Rubino and Elie Mystal have a post titled "Sources Report 3 Kozinski Clerks Are Out."

And The New York Times has published an editorial titled "Who Will Judge the Judge?"

You can access today's order of the Judicial Council of the Ninth Circuit at this link.
Posted at 08:15 PM by Howard Bashman



"What If the Founders Had Free Speech Wrong? A scholar's jarring claim: America's framers meant to protect a lot less speech than most of us think." Law professor Cass R. Sunstein has this essay online at Bloomberg View discussing law professor Jud Campbell's article titled "Natural Rights and the First Amendment," published in the November 2017 issue of The Yale Law Journal.
Posted at 03:54 PM by Howard Bashman


"Senate confirms third circuit judge this week, 19 total federal judges this year": Alex Swoyer of The Washington Times has an article that begins, "The Senate confirmed President Trump's 19th federal judge Thursday, approving James Ho for a seat on the 5th U.S. Circuit Court of Appeals and further bolstering the judicial army conservatives wanted to build."

You can access the U.S. Senate's official roll call vote tally confirming James C. Ho to the U.S. Court of Appeals for the Fifth Circuit by a vote of 53-to-43 at this link.
Posted at 03:45 PM by Howard Bashman



"Alabama Senate loss will rein in Trump's judicial selections": Law professor Jonathan R. Nash has this essay online at The Hill.
Posted at 03:30 PM by Howard Bashman


Wednesday, December 13, 2017

"Tweet-loving Justice Don Willett confirmed for federal appeals court": Nicole Cobler of The Dallas Morning News has this report.

Kevin Diaz of The Houston Chronicle reports that "White House drops Jeff Mateer, while Senate confirms Texas Justice Willett to federal bench."

And Emma Platoff of The Texas Tribune reports that "Texan Don Willett confirmed by U.S. Senate to federal 5th Circuit Court."

You can access the U.S. Senate's official roll call vote tally confirming Don R. Willett to the U.S. Court of Appeals for the Fifth Circuit by a vote of 50-to-47 at this link.
Posted at 07:52 PM by Howard Bashman



"Breaking the law clerks' code of silence: the sexual misconduct claims against Judge Kozinski." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 07:40 PM by Howard Bashman


"What's Next After the Kozinski Allegations? Here's How Courts Handle Misconduct Claims; In the normal judicial misconduct case, a federal appeals court would handle the complaint internally; But the sexual misconduct allegations against Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit pose complications for the courts, according to judicial ethics experts." Marcia Coyle of The National Law Journal has this report.
Posted at 07:30 PM by Howard Bashman


"Trump judge nominee withdraws after criticism over White House ties; Brett Talley, deemed 'not qualified' by bar panel, had not tried a court case": Josh Gerstein of Politico.com has this report.
Posted at 05:02 PM by Howard Bashman


"On Judge Kozinski & Open Secrets": Charlotte Garden has this post at the "Take Care" blog.
Posted at 05:00 PM by Howard Bashman


"Trump's race to remake federal courts proves divisive": Richard Wolf of USA Today has this report.
Posted at 04:20 PM by Howard Bashman


"He Made Us All Victims and Accomplices: For 20 years, I've felt it was too early to speak up about Judge Alex Kozinski; Now I fear it's too late." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 03:20 PM by Howard Bashman


"Judges, Law Clerks, and the Professors Who Recommend Them": Josh Blackman has this blog post.
Posted at 01:28 PM by Howard Bashman


"This Won't Be the Last We've Heard of Roy Moore: He was twice removed as Alabama's chief justice, and twice returned to run again; What's to stop him now?" Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:23 PM by Howard Bashman


"WV Supreme Court grants access to warehouse housing antique desk, leather couch": Phil Kabler of The Charleston (W. Va.) Gazette-Mail has an article that begins, "After two weeks of denying Gazette-Mail requests to tour its warehouse in Kanawha City, the Supreme Court Tuesday provided media access to the facility, currently housing an antique walnut 'Cass Gilbert' desk and a leather couch recently removed from the home of Chief Justice Allen Loughry."
Posted at 01:20 PM by Howard Bashman


"Trump Poised to Set Record for Appeals Court Judges; Three more nominees set to be confirmed this week": Todd Ruger of Roll Call recently had this report.
Posted at 12:56 PM by Howard Bashman


"A Comment on Some Misplaced and Dangerous Slippery-Slope Concerns About Masterpiece Cakeshop": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 10:38 AM by Howard Bashman


View live, online the U.S. Senate Judiciary Committee's confirmation hearing for Eleventh Circuit nominee Elizabeth L. Branch: Via this link.
Posted at 10:32 AM by Howard Bashman


Access online the text of D.C. Circuit Judge Brett M. Kavanaugh's remarks at the 2017 Walter Berns Constitution Day Lecture hosted by American Enterprise Institute: At this link.

And for those of you who like to watch, AEI has posted the video of Judge Kavanaugh's remarks on YouTube at this link (and a transcript of the event at this link).
Posted at 10:00 AM by Howard Bashman



"The Volokh Conspiracy" blog has relocated from The Washington Post to Reason.com: Where you can access it as often as you want with no paywall. The blog's home page can now be accessed here.
Posted at 08:30 AM by Howard Bashman


Tuesday, December 12, 2017

"Jones wins in stunning Alabama upset": Kim Chandler and Steve Peoples of The Associated Press have a report that begins, "In a stunning victory aided by scandal, Democrat Doug Jones won Alabama's special Senate election on Tuesday, beating back history, an embattled Republican opponent and President Donald Trump, who urgently endorsed GOP rebel Roy Moore despite a litany of sexual misconduct allegations."
Posted at 10:34 PM by Howard Bashman


"Brendan Dassey faces 'longshot' in getting his case to Supreme Court": Andy Thompson of The Appleton (Wis.) Post-Crescent has this report.
Posted at 10:00 PM by Howard Bashman


"How Columbia and NYU Law Schools Position Graduates for US Supreme Court Clerkships; In the New York market, Columbia and NYU law schools have become a pipeline to the Supreme Court and often it is a result of the efforts of Chief Judge Robert Katzmann and the rest of the Second Circuit": Susan DeSantis of the New York Law Journal has this report.
Posted at 09:48 PM by Howard Bashman


"Montreal native Richard Wagner named Supreme Court chief justice; Wagner is a self-declared advocate of judicial independence, once saying that 'the judiciary is only accountable to the person subject to trial'": Brian Platt of The Montreal Gazette has this report.

Sean Fine of The Toronto Globe and Mail reports that "Richard Wagner named new Supreme Court chief justice."

Tonda MacCharles of The Toronto Star reports that "Justin Trudeau names Richard Wagner new chief justice of Canada; The Montreal-born Wagner, 60, a former commercial and civil law litigator and judge on Quebec's trial and appeal courts, means Trudeau has opted to stick to the custom of rotating the plum chief justice job between common law and civil law judges."

Kathleen Harris and Aaron Wherry of CBC News reports that "Quebec jurist Richard Wagner named next Supreme Court chief justice; Successor to Beverley McLachlin praised for wisdom, integrity and 'collegial spirit.'"

And The Canadian Press reports that "Justin Trudeau appoints Richard Wagner next Supreme Court chief justice; The current chief justice, Beverley McLachlin, is stepping down after 28 years on the court."
Posted at 09:40 PM by Howard Bashman



"At the Supreme Court, the cake baker's reasoning falls flat": The Washington Post has published this editorial.
Posted at 09:06 PM by Howard Bashman


"Judicial Nominees Could Erase the #MeToo Moment": Nan Aron has this essay online at HuffPost.
Posted at 07:46 PM by Howard Bashman


"Omaha attorney Steve Grasz confirmed to seat on 8th Circuit Court, despite Democrats' questions about his ability to be impartial": Joseph Morton of The Omaha World-Herald has this report.

Don Walton of The Lincoln Journal Star reports that "Nebraska judicial nominee Grasz confirmed for appeals court on 50-48 vote."

And Jennifer Bendery of HuffPost reports that "Senate Confirms Federal Judge Rated 'Not Qualified' To Serve; Republicans voted to put Leonard Steven Grasz onto a circuit court for life, despite his abysmal American Bar Association rating."
Posted at 07:26 PM by Howard Bashman



"Can We Get Rid of Alex Kozinski? So far, the judge for the Ninth Circuit has shown no inclination of leaving in response to allegations brought by six women." Columnist Vivia Chen has this essay online at The American Lawyer.
Posted at 05:55 PM by Howard Bashman


He's qualified now: Kevin Freking of The Associated Press reports that "Senate OKs Trump judicial pick who was rated 'not qualified.'"

You can access the U.S. Senate's official roll call vote tally confirming Steven Grasz to a seat on the U.S. Court of Appeals for the Eighth Circuit by a margin of 50-to-48 at this link.
Posted at 05:45 PM by Howard Bashman



"Trump Is Suddenly Facing A Significant Republican Roadblock For Two Of His Judicial Nominees": Zoe Tillman of BuzzFeed News has this report.
Posted at 05:15 PM by Howard Bashman


"HLS in the World (Opening Ceremony): Introduction of Justices and Remarks by Chief Justice Roberts." Harvard Law School has posted this video on YouTube.
Posted at 05:10 PM by Howard Bashman


"Law Schools Should Protect Students From Judges Like Alex Kozinski": Law professor Dara E. Purvis has this essay online at The New York Times.
Posted at 04:52 PM by Howard Bashman


"Grassley urges Trump to reconsider controversial judicial picks": Ted Barrett, David Shortell, and Ariane de Vogue of CNN.com have this report.
Posted at 03:07 PM by Howard Bashman


"Appeals panel upholds dismissal of defamation suit against Trump": Julia Marsh of The New York Post has this report.

Chris Dolmetsch of Bloomberg News reports that "New York Court Upholds Dismissal of Defamation Suit Against Trump."

And at the "THR, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Donald Trump Wins Appeal Over Allegedly Defamatory Tweets; A New York appeals court won't revive a lawsuit from political strategist Cheryl Jacobus, who, Trump wrote, 'begged' him for a job."

You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 02:56 PM by Howard Bashman



"Being a Federal Appellate Judge Isn't Quite as Glamorous as One Might Expect": This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

In a closely related development, I just received an email bearing the subject line "NOW you tell me" from someone who has served as a federal appellate judge for more than thirty years.
Posted at 02:40 PM by Howard Bashman



"ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld": Amanda L. Tyler has this post at the "Lawfare" blog.
Posted at 01:50 PM by Howard Bashman


"Supreme Court clerks are not a particularly diverse lot": Jonathan H. Adler has this post at "The Volokh Conspiracy."
Posted at 01:44 PM by Howard Bashman


"The Fourth Circuit Travel Ban Argument: Framing the Challengers' Case for the Supreme Court." Peter Margulies has this post at the "Lawfare" blog.

Also at that blog, Josh Blackman has a related post titled "For Judges, 'Legality' Is Their Only 'Reality.'"
Posted at 01:18 PM by Howard Bashman



"SF court cool to Trump administration attempt to quash youths' climate suit": Bob Egelko of The San Francisco Chronicle has this report.

Casey Tolan of The San Jose Mercury News reports that "Kids' climate change lawsuit against Trump administration lands in San Francisco court."

And Zahra Hirji of BuzzFeed News reports that "The Trump Administration Just Went To Court To Stop Kids From Suing Over Climate Change."

The U.S. Court of Appeals for the Ninth Circuit has posted the video of yesterday's oral argument on YouTube at this link.
Posted at 01:08 PM by Howard Bashman



"If Justice Kennedy thought Colorado was 'neither tolerant nor respectful' of a baker's religious beliefs, how will he feel about California's attack on pro-life pregnancy centers?" John Bursch has this guest post at "SCOTUSblog."
Posted at 11:22 AM by Howard Bashman


Pawn-related television shows are apparently very popular; pawn-related federal appellate court opinions perhaps not so much? Although yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit may change that, given its knock-down, drag-out battle between the majority and dissenting opinions.
Posted at 10:52 AM by Howard Bashman


"Senate poised to confirm Trump judicial nominee labeled 'not qualified'": Jordain Carney of The Hill has this report.
Posted at 10:36 AM by Howard Bashman


"A Short Take On A Coincidence": Senior U.S. District Judge Richard G. Kopf (D. Neb.) has this post at the "Simple Justice" blog.

Also at that blog, Scott H. Greenfield has posts titled "Stupid Lawyer Tricks, Kozinski Edition" and "Judge Alex Kozinski and The Mad Cow."
Posted at 10:30 AM by Howard Bashman



Monday, December 11, 2017

"The Kozinski sexual-misconduct allegations and the Third Circuit": Matthew Stiegler has this post at his "CA3blog."
Posted at 09:30 PM by Howard Bashman


"Supreme Court turns down case that raised issue of LGBT worker protections": Robert Barnes of The Washington Post has this report.

And David G. Savage of The Los Angeles Times reports that "Supreme Court puts off hearing a case on job protections for LGBT employees."
Posted at 09:16 PM by Howard Bashman



"Suspect Evidence Informed a Momentous Supreme Court Decision on Criminal Sentencing; The U.S. Sentencing Commission helped send more people to prison for longer terms; It's a shame it was created to address a nonexistent crisis; Here's how the Supreme Court got misled": Ryan Gabrielson of ProPublica has this report.
Posted at 09:05 PM by Howard Bashman


"California's chief justice has had her own #MeToo moments": Maura Dolan of The Los Angeles Times has this report.
Posted at 08:02 PM by Howard Bashman


"More Women Acknowledge Judge Kozinski's Behavior Was An 'Open Secret'; This is what happens when you dare women to tell their stories": Kathryn Rubino has this post at "Above the Law."

Online at "The Cut," Rebecca Traister has an essay titled "This Moment Isn't (Just) About Sex. It's Really About Work."

Online at The Washington Post, columnist Petula Dvorak has an essay titled "How many men are harassers or predators?"

And if you think reporting on the matter sounds creepy in English, consider how it sounds in Filipino, as Abante of Manila reports that "US judge inireklamo, staff pinaghuhubad, pinapanood ng porn video."
Posted at 05:38 PM by Howard Bashman



"Don't be fooled: New SCOTUS grant in China Agritech isn't about securities litigation." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 05:20 PM by Howard Bashman


"Is the Judiciary Ready to Handle Harassment Charges?" Cristian Farias has this post at the "Daily Intelligencer" blog of New York magazine.
Posted at 02:58 PM by Howard Bashman


"Is the Supreme Court finally ready to tackle partisan gerrymandering? Signs suggest yes." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Los Angeles Times.
Posted at 01:32 PM by Howard Bashman


"Ghost of Justice Scalia looms as Supreme Court debates religion and civil rights law": David G. Savage of The Los Angeles Times has this report.
Posted at 01:28 PM by Howard Bashman


"Clerkships Are, Or Can Be, Just Jobs. Maybe it's Better That Way." Paul Horwitz has this post at "PrawfsBlawg." Although that blog generally allows comments, the comments to this particular post are closed for whatever reason.
Posted at 01:23 PM by Howard Bashman


"Supreme Court Won't Hear Case on Bias Against Gay Workers": Adam Liptak of The New York Times has this report.

Richard Wolf of USA Today reports that "Supreme Court won't hear LGBT job discrimination case."

Greg Stohr of Bloombeg News reports that "U.S. Supreme Court Turns Away Sexual-Orientation Bias Case."

Andrew Chung of Reuters reports that "U.S. high court turns away dispute over gay worker protections."

And Chris Geidner of BuzzFeed News reports that "Justices Pass On Deciding If Anti-Gay Workplace Discrimination Is Banned Under Current Law."
Posted at 01:18 PM by Howard Bashman



See Ninth Circuit Judge Alex Kozinski in action, live at 1 p.m. eastern time on YouTube: In today's edition of The New York Times, Jacey Fortin has an article headlined "Federal Appeals Court Judge Is Accused of Sexual Harassment." Of course, The Washington Post broke this news Friday evening in an article that appeared on the newspaper's front page, above-the-fold, in its Saturday print edition.

For all that one might say about this brash, outspoken, and incredibly talented jurist, he did have the highly praiseworthy idea to begin live-broadcasting the Ninth Circuit's oral arguments on YouTube. Today at 10 a.m. pacific time, 1 p.m. eastern time, Judge Kozinski is scheduled to participate on a three-judge panel that will hear oral argument in San Francisco in a potentially significant environmental case. Ninth Circuit Judge Marsha S. Berzon will also be on the panel, although due to seniority rules, she won't have to sit next to Judge Kozinski. Natasha Geiling of ThinkProgress previews the oral argument in an article headlined "Here's what's at stake for the 21 kids suing the Trump administration over climate change; Arguments before the Ninth Circuit will decide whether the case goes to trial."

In any event, those wishing to tune-in to see how Judge Kozinski has weathered what may have been a difficult weekend can view the oral argument beginning at 1 p.m. eastern time live on YouTube via this link.
Posted at 10:40 AM by Howard Bashman



You can follow "How Appealing" on Twitter: Every new post that appears here also appears as a new tweet on this blog's Twitter feed. And thanks to Twitter's expansion of the maximum tweet size from 140 to 280 characters, tweets of this blog's longer posts now contain more information.

Plus, as an added bonus, early in the morning, late at night, and other times when I am away from the computer, this blog's Twitter feed often will feature appellate-related retweets that haven't yet been posted to this blog and may never be posted to this blog. To be sure, following this blog on Twitter is far from a perfect substitute for visiting this blog directly, but it is a good way to be notified of new posts promptly.
Posted at 09:54 AM by Howard Bashman



Access today's Order List of the U.S. Supreme Court: At this link. The Court today did not grant review in any new cases.
Posted at 09:33 AM by Howard Bashman


"Court refuses to reinstate netting lawsuit against Major League Baseball": Bob Egelko of The San Francisco Chronicle has this report on a non-precedential ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.
Posted at 08:30 AM by Howard Bashman


"Probing the Mueller Probe, and Inside the Chamber for Masterpiece Cakeshop: The (legal) highs and lows of the Russia investigation, and oral arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 08:26 AM by Howard Bashman


"OT2017 #9: 'Peak SG.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:12 AM by Howard Bashman


"Mostly White and Male: Diversity Still Lags Among SCOTUS Law Clerks; Research conducted by The National Law Journal found 85 percent of all law clerks since 2005 have been white and twice as many men as women gain entry." Tony Mauro of The National Law Journal has this report.
Posted at 08:06 AM by Howard Bashman


Sunday, December 10, 2017

"Justices, Divided 5-4, Let Trump Shield DACA Documents": Adam Liptak had this article in Saturday's edition of The New York Times.

In Saturday's edition of The Washington Post, Robert Barnes had an article headlined "Supreme Court says administration for now need not turn over more DACA documents."

Richard Wolf of USA Today reports that "Supreme Court blocks order for White House to disclose DACA documents."

Jess Bravin and Brent Kendall of The Wall Street Journal report that "Supreme Court Says White House Can Withhold DACA Documents for Now; In a 5-4 vote, the court temporarily halted the release of Trump administration documents related to the program's cancellation."

Alex Swoyer of The Washington Times reports that "Supreme Court says Trump administration can withhold DACA docs for now."

Lawrence Hurley of Reuters reports that "U.S. top court blocks release of Trump 'Dreamer' immigrant documents."

Greg Stohr of Bloomberg News reports that "Supreme Court Shields Trump Administration on 'Dreamer' Documents."

And Josh Gerstein of Politico.com reports that "Supreme Court lifts orders to disclose DACA cancellation records; The justices split, 5-4, in dispute over Trump's decision to end protections for 'Dreamers.'"

You can access Friday evening's 5-to-4 order of the U.S. Supreme Court, and Justice Stephen G. Breyer's dissent therefrom, at this link.
Posted at 11:22 PM by Howard Bashman



"U.S. Appeals Court upholds conviction of Brendan Dassey in 'Making a Murderer' case": Bruce Vielmetti and Tom Kertscher of The Milwaukee Journal Sentinel have this report.

And in Saturday's edition of The New York Times, Daniel Victor had an article headlined "Court Rules Against Brendan Dassey, Subject of 'Making a Murderer.'"

You can access Friday's 4-to-3 ruling of the en banc U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:05 PM by Howard Bashman



"D.C. Circuit Review -- Reviewed: Thoughts from Judge Randolph." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:24 PM by Howard Bashman


"State Supreme Court runs up quite a tab": Columnist Phil Kabler has this essay online at The Charleston (W. Va.) Gazette-Mail.
Posted at 10:22 PM by Howard Bashman


"In Gay Wedding Cake Case, Equal Rights at Stake": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 10:20 PM by Howard Bashman


"The Supreme Court's privacy case shows Congress needs to draw new lines": The Washington Post has published this editorial.
Posted at 10:18 PM by Howard Bashman


"The Baker and the Empire": Columnist Ross Douthat has this op-ed in today's edition of The New York Times.
Posted at 01:33 PM by Howard Bashman


List of federal appellate judges who clerked for Ninth Circuit Judge Alex Kozinski (by order of entry into judicial service, with the earliest listed first): D.C. Circuit Judge Brett M. Kavanaugh; Ninth Circuit Judge Sandra S. Ikuta; Ninth Circuit Judge Paul J. Watford; and Third Circuit Judge Cheryl Ann Krause.

List of widely read law blogs founded by Kozinski clerks having a contributor who retweeted the main accuser's personal account: "The Volokh Conspiracy."

List of U.S. Supreme Court-focused podcasts having one co-host who clerked for Judge Kozinski and the other co-host who questioned Judge Kozinski's post-accusation conduct: "First Mondays."

Elsewhere, Matthew Stiegler -- author of the "CA3blog" -- has two must-read Twitter threads, here and here, about the earlier judicial misconduct proceedings against Judge Kozinski.
Posted at 01:26 PM by Howard Bashman



"Republicans step up defense of 'not qualified' judicial nominees; GOP senators are ratcheting up their attacks on the American Bar Association, which has emerged as a stumbling block in President Donald Trump's effort to transform the courts": Seung Min Kim and John Bresnahan of Politico.com have this report.
Posted at 10:57 AM by Howard Bashman


Saturday, December 9, 2017

"Decisions, Decisions": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:12 PM by Howard Bashman


"There are likely several more stories to come." Law professor Nancy Rapoport has a blog post that begins, "Courtney Milan's post about Alex Kozinski is a harrowing read, but an important one."
Posted at 09:06 PM by Howard Bashman


"Justices to Hear Second Partisan Gerrymandering Case": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court will take up a second gerrymandering case this term."

Richard Wolf of USA Today reports that "Supreme Court to hear second case challenging election districts."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Widens Review of Gerrymandering; Justices agree to add a Republican challenge to redistricting in Maryland to an earlier Wisconsin case brought by Democrats."

Alex Swoyer of The Washington Times reports that "Supreme Court takes up second partisan gerrymandering case this term."

John Fritze of The Baltimore Sun reports that "Supreme Court agrees to hear Maryland redistricting case."

Lawrence Hurley of Reuters reports that "U.S. top court takes up Republican challenge to Maryland electoral district."

And Greg Stohr of Bloomberg News reports that "Partisan Gerrymandering Fight Expanded by U.S. Supreme Court."
Posted at 05:55 PM by Howard Bashman



"Trudeau nominated a woman for Canada's Supreme Court. Some progressives are disappointed." Alan Freeman of The Washington Post has this news analysis.
Posted at 05:38 PM by Howard Bashman


View the front page of today's print edition of The Washington Post: At this link.
Posted at 03:55 PM by Howard Bashman


Friday, December 8, 2017

"Misconduct Claims Against Kozinski Put New Spotlight on Past Controversies; 'Tell Kozinski to watch pornography at home and not in his own court,' the late Chief Justice William Rehnquist reportedly once said about the Ninth Circuit judge": Marcia Coyle of The National Law Journal has this report.
Posted at 10:02 PM by Howard Bashman


"The (other) attack on Chevron deference": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 08:02 PM by Howard Bashman


"9th Circuit Judge Alex Kozinski is accused by former clerks of making sexual comments": Maura Dolan of The Los Angeles Times has this report.
Posted at 07:56 PM by Howard Bashman


"Prominent appeals court Judge Alex Kozinski accused of sexual misconduct": Matt Zapotosky of The Washington Post has this report.
Posted at 05:48 PM by Howard Bashman


Access this evening's Order List of the U.S. Supreme Court: At this link. The Court granted review in six new cases and postponed jurisdiction in one direct appeal.
Posted at 05:38 PM by Howard Bashman


"How Clueless Straight White Guys Excuse Religious Homophobia": Nathaniel Frank has this Masterpiece Cakeshop-related essay online at Slate.
Posted at 05:07 PM by Howard Bashman


"The Case for the Baker in the Gay-Wedding Culture War": Andrew Sullivan has this post at the "Daily Intelligencer" blog of New York magazine.
Posted at 03:27 PM by Howard Bashman


"Trump travel ban and his tweets argued at federal appeals court": Ann E. Marimow of The Washington Post has this report.

Denise Lavoie of The Associated Press reports that "Trump travel heard by 4th US Circuit Court of Appeals."

Josh Gerstein of Politico.com reports that "Sparks fly over Trump tweets at travel ban court arguments; The president's tweet about bullets dipped in pigs' blood doesn't show an anti-Muslim bias, Justice Department lawyers argue."

And Zoe Tillman of BuzzFeed News reports that "Trump's Tweets Are Still Snagging The Justice Department's Travel Ban Defense."
Posted at 02:03 PM by Howard Bashman



Access online the audio of this week's U.S. Supreme Court oral arguments: Via this link.
Posted at 01:42 PM by Howard Bashman


"'Cosmopolitan' Publisher Preserves Legal Victory Over Unpaid Internships; The 2nd Circuit Court of Appeals won't revive a lawsuit brought by ex-interns at the Hearst Corporation": 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 Second Circuit issued today.
Posted at 01:38 PM by Howard Bashman


"Thomas Porteous, ex-federal judge in New Orleans, cited in call for court inspector general": Drew Broach of The Times-Picayune of New Orleans has this report.
Posted at 01:30 PM by Howard Bashman


Access the contents of the December 2017 issue of the Harvard Law Review: Via this link.

The issue contains law professor Samuel L. Bray's article about nationwide federal district court injunctions and Ninth Circuit Judge Paul J. Watford's review of "The Law of Judicial Precedent."
Posted at 11:48 AM by Howard Bashman



"Two Very Wrong Perspectives on Masterpiece Cakeshop": John O. McGinnis has this post at the "Law and Liberty" blog.
Posted at 11:38 AM by Howard Bashman


"Fellow conservatives, it's time to call on Clarence Thomas to resign": Jay Kaganoff has this essay online at The Washington Post.

In response, at National Review's "Bench Memos" blog, Carrie Severino has a post titled "Washington Post Runs Column by Obscure 'Conservative' Who Says Justice Thomas Should Resign."
Posted at 11:33 AM by Howard Bashman



Listen live to this morning's Fourth Circuit oral argument in International Refugee Assistance Project v. Trump: The oral argument is scheduled to begin at 9 a.m. eastern time, and you can access the live oral argument feed online via this link.

On a related note, the Fourth Circuit has now joined the Ninth Circuit in having its own YouTube channel.

Update: The archived audio of this morning's en banc Fourth Circuit oral argument can be accessed via this link (83.4 MB mp3 audio file).
Posted at 09:00 AM by Howard Bashman



Thursday, December 7, 2017

"What If the Courts Were Filled With 'Little Scalias'? A recent book of the justice's speeches shows why great thinkers are needed, regardless of their politics." Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 11:57 PM by Howard Bashman


"Janus-Faced: The Trump administration declares war on public sector unions." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:54 PM by Howard Bashman


"Ambiguities and Agency Cases: Reflections after (almost) Ten Years on the Bench." Sixth Circuit Judge Raymond M. Kethledge will have this essay forthcoming this month in the Vanderbilt Law Review En Banc.
Posted at 11:22 PM by Howard Bashman


"The Supreme Court has the chance to end the death penalty. They should take it." The Los Angeles Times has published this editorial.
Posted at 11:02 PM by Howard Bashman


"Meet the couple behind the Masterpiece Cakeshop Supreme Court case": Julie Compton of NBC News has this report.
Posted at 11:00 PM by Howard Bashman


"Here are the three women Gov. John Hickenlooper will choose from to serve on the Colorado Supreme Court; Marcy Glenn of Denver, Melissa Hart of Denver and Pattie P. Swift of Alamosa are the three finalists": Jesse Paul of The Denver Post has this report.
Posted at 10:55 PM by Howard Bashman


"Supreme Court of Canada chief justice hears final case, fights back tears; Beverley McLachlin, first woman to hold top post, retires after 28 years": Bobbi-Jean MacKinnon of CBC News has this report.

As luck would have it, the final case presents a challenge to the manner in which Canadians are allowed to purchase beer. You can access news coverage of the case here, here, and here.
Posted at 10:52 PM by Howard Bashman



Programming note: In a few moments, I am going to be heading to Princeton, New Jersey to attend this "Scalia Speaks" roundtable discussion event at Princeton University. As a result, additional posts will appear here tonight.

Update: The Princeton "Scalia Speaks" event was a pleasure to attend. Each of the panelists was wonderful, the moderator was very knowledgeable and had obvious affection for the book, and attendees from the large audience asked excellent questions once questions were invited.

Speaking of the program's participants, it was a pleasure to meet law professor Rachel E. Barkow, co-editor Christopher J. Scalia, and moderator Matthew J. Franck. It was also great to see co-editor Ed Whalen again.
Posted at 03:08 PM by Howard Bashman



"The Next Nominee to the Supreme Court": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 03:06 PM by Howard Bashman


"A Dialogue on Whether Wedding Cake and Wedding Cake-Baking Are Speech": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 01:32 PM by Howard Bashman


"Unanimous 9th Circuit Panel, in Opinion by Judge Bybee, Upholds Montana Law Barring Judicial Candidates from Seeking, Accepting, or Using Political Party Endorsements": Rick Hasen has this post at his "Election Law Blog" about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:18 PM by Howard Bashman


"Baking Chaos: Masterpiece Cakeshop Argument Misses the Mark; The oral arguments may sow confusion in other areas like the Trump travel ban." Law professor Andrew Koppelman has this essay online at The American Prospect.
Posted at 01:07 PM by Howard Bashman


"Texans Willett and Ho move closer to seat on powerful appeals court": Katie Leslie of The Dallas Morning News has this report.

And Don Walton of The Lincoln Journal Star reports that "Grasz nomination moves to full Senate on split party vote."
Posted at 01:00 PM by Howard Bashman



"The New Travel Ban Is an Abomination. Why Have We Stopped Caring?" Dahlia Lithwick has this jurisprudence essay complaining (among other things) about "seemingly worn-out advocates" online at Slate.
Posted at 11:50 AM by Howard Bashman


"How Justice Kennedy Fell for a Right-Wing Meme: In a big gay rights case, the Supreme Court's swing vote appeared swayed by the idea that Christians are the real victims of oppression." Stephanie Russell-Kraft has this essay online at The New Republic.
Posted at 11:46 AM by Howard Bashman


"The Cake Is Just the Beginning: Justice Gorsuch's radical First Amendment theory could sabotage civil rights law." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:44 AM by Howard Bashman


On the agenda: Later this afternoon, I am planning to attend this "Scalia Speaks" roundtable discussion event at Princeton University.
Posted at 10:28 AM by Howard Bashman


"When the Truth Is Unconstitutional": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:50 AM by Howard Bashman


Wednesday, December 6, 2017

The U.S. Court of Appeals for the Third Circuit is scheduled to hear oral argument in St. Croix, USVI next week: The oral arguments are scheduled for Tuesday and Thursday of next week. The panel will consist of the court's three most-recent chief judges.

Longtime readers of this blog may recall that I once had the pleasure of arguing a Third Circuit appeal in St. Croix.
Posted at 11:22 PM by Howard Bashman



On remand from the U.S. Supreme Court, Second Circuit panel sides with Justices Sotomayor and Alito and certifies meaning of New York statute at issue in Expressions Hair Design for definitive resolution by the New York State Court of Appeals: You can access today's decision of the U.S. Court of Appeals for the Second Circuit at this link.

In agreeing to certify the issue to New York State's highest court, the Second Circuit today followed the suggestion contained in the Justice Sonia Sotomayor's opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined.
Posted at 11:06 PM by Howard Bashman



"Russian oligarch Deripaska drops libel suit against Associated Press": Josh Gerstein of Politico.com has this blog post about a case that was pending in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 10:26 PM by Howard Bashman


"U.S. 9th Circuit judges skeptical of Trump's travel ban": Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that "Lawyers face off in federal court over Trump's latest travel ban."

Tom James and Dan Levine of Reuters report that "U.S. appeals court hears arguments on Trump travel ban."

Gene Johnson of The Associated Press reports that "Travel ban faces scrutiny from judges who blocked it before."

And Zoe Tillman of BuzzFeed News reports that "An Appeals Court Just Heard Arguments On Trump's Third Travel Ban."

You can view the oral argument on YouTube via this link.
Posted at 10:15 PM by Howard Bashman



In Bashman news from Australia: Josh Blackman may no longer be in Australia, but in his wake some Bashman news has arisen.

Taylah Strano of 97.3 Coast FM in Mandurah, Western Australia reports that "Fake Police bash man near Pinjarra."
Posted at 10:06 PM by Howard Bashman



"Trump administration asks Supreme Court to overrule precedent helping unions": Robert Barnes of The Washington Post has this report.

And Lawrence Hurley of Reuters reports that "Trump administration sides against unions in high court fees case."
Posted at 09:55 PM by Howard Bashman



"Kim Davis denied him a marriage license. Now he wants to take her job." Linda Blackford of The Herald-Leader of Lexington, Kentucky has this report.

And Suzannah Gonzales of Reuters reports that "Gay man to run against Kentucky clerk who denied him marriage license."
Posted at 09:50 PM by Howard Bashman



"Judging Roy Moore: A GOP victory in Alabama may be more costly than a defeat." This editorial appears in today's edition of The Wall Street Journal.
Posted at 09:42 PM by Howard Bashman


In the first oral argument after Masterpiece Cakeshop, the U.S. Supreme Court Justices are still discussing food: Today's oral argument in Murphy v. Smith, No. 16-1067, turned out to be quite interesting. You can access the oral argument transcript at this link. You can access the food-related questioning directly via this link.
Posted at 08:50 PM by Howard Bashman


"Same-day silence from the Supreme Court on the wedding-cake case": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 06:08 PM by Howard Bashman


"Securities class action defendants, law profs claim 2nd Circuit has run amok": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:58 PM by Howard Bashman


"Pace of confirmations gives McConnell chance to bask in wins": Kevin Freking of The Associated Press has a report that begins, "The pace of confirmations for President Donald Trump's judicial nominees has quickly become a source of pride for Senate Majority Leader Mitch McConnell and fellow Republicans while Democrats are ruing the day they changed the rules to make it easier to fast-track court picks."
Posted at 04:48 PM by Howard Bashman


"Kennedy and his new constitutional dilemma": Lyle Denniston has a blog post that begins, "Over the years, Justice Anthony M. Kennedy has become the Supreme Court's most energetic defender of gay rights, one of its true devotees to free speech, and a sympathetic defender of religious believers. Now, a lengthy hearing before the Justices on Tuesday showed, he has to find a way to reconcile all three."

And at "SCOTUSblog," Mark Walsh has a post titled "A 'view' from the courtroom: Setting the table for a major ruling."
Posted at 04:44 PM by Howard Bashman



"What Masterpiece Cakeshop is Really About": Douglas NeJaime and Reva Siegel have this post at the "Take Care" blog.

And online at Vox, law professor Andrew Koppelman has an essay titled "Masterpiece Cakeshop and how 'religious liberty' became so toxic: The right went too far with Masterpiece Cakeshop; But liberals need not fear reasonable religious exemptions."
Posted at 04:38 PM by Howard Bashman



"Surveying the Landscape as Technology Revolutionizes Media Coverage of Appellate Courts": You can access at this link a PDF of my essay published in the brand new print edition of The Journal of Appellate Practice and Process.

The publication's editor -- Nancy Bellhouse May -- is always such a pleasure to work with, and I thank her for the invaluable assistance she provided in helping me bring this essay to fruition.
Posted at 04:18 PM by Howard Bashman



Tuesday, December 5, 2017

"11th Circ. Won't Review 'Mutability' In Dreadlocks Bias Case": Braden Campbell of Law360.com has this report (subscription required for full access) on an order denying rehearing en banc, accompanied by both a concurrence and a dissent, that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 09:58 PM by Howard Bashman


"A tricky mix: The Supreme Court is divided in a gay wedding cake case; The justices seem inclined to side with a baker who refused to make a wedding cake for two men." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 09:44 PM by Howard Bashman


"Three Problems With the SG's Klan Hypo in the Masterpiece Cakeshop Oral Argument": Michael Dorf has this blog post at "Dorf on Law."
Posted at 09:14 PM by Howard Bashman


"As Colorado baker case opens at U.S. Supreme Court, Justice Kennedy poses sharp questions for both sides; Oral arguments begin before high court in case stemming from 2012 dispute involving same-sex couple and Lakewood baker": Mark K. Matthews of The Denver Post has this report.
Posted at 08:52 PM by Howard Bashman


"Would Trump Consider a Court-Packing Scheme?" Jeff Shesol has this post online at The New Yorker.
Posted at 08:24 PM by Howard Bashman


"Justices Ginsburg and Kagan Ask About the Artistry of Wedding Cakes": Jeffrey Toobin has this post online at The New Yorker.
Posted at 08:20 PM by Howard Bashman


"Supreme Court Sharply Divided Over Same-Sex Wedding Cake Case": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:00 PM by Howard Bashman


"Masterpiece Theater: The Supreme Court isn't convinced that cake is speech -- but Justice Kennedy might rule in favor of an anti-gay baker anyway." Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 06:58 PM by Howard Bashman


"Merck to Supreme Court: The rules are different in pharma cases." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 06:54 PM by Howard Bashman


"Masterpiece Cakeshop Case Declared Mistrial After Clarence Thomas Tampers With Evidence": The Onion has this News in Photos item, along with an American Voices feature titled "Supreme Court Hears Argument On Anti-Gay Cake Shop."
Posted at 06:52 PM by Howard Bashman


"Anthony Kennedy legacy again at play in same-sex marriage case": Joan Biskupic of CNN.com has this news analysis.
Posted at 06:05 PM by Howard Bashman


"The Supreme Court Wants To Know: What Happens If This Baker Can Refuse To Sell A Cake To A Gay Couple? Justice Anthony Kennedy was at the center of the debate -- and likely will be the key to the court's decision in the most closely watched case of the Supreme Court's term." Chris Geidner and Dominic Holden of BuzzFeed News have this report.
Posted at 03:20 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, No. 16-111: At this link.
Posted at 01:50 PM by Howard Bashman


"Chris Christie's Big Gamble: The Supreme Court appears poised to let every state authorize sports betting." Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 01:28 PM by Howard Bashman


"LGBTQ rights just had a horrible day in the Supreme Court; There are almost certainly five votes for the anti-gay cake baker Jack Phillips": Ian Millhiser has this essay online at ThinkProgress.
Posted at 01:24 PM by Howard Bashman


"Justices Sharply Divided in Wedding Cake Case": Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court appears skeptical of Colorado baker's refusal to make a wedding cake for gay couple."

And Alex Swoyer of The Washington Times reports that "Supreme Court hears same-sex wedding cake case: Free speech vs. civil rights."
Posted at 01:18 PM by Howard Bashman



"Supreme Court seems divided in case of baker who refused to create a wedding cake for a same-sex couple": Robert Barnes and Ann E. Marimow of The Washington Post have this report.

Richard Wolf of USA Today reports that "Supreme Court deeply divided over gay wedding cake."

Jess Bravin, Brent Kendall, and Louise Radnofsky of The Wall Street Journal report that "Supreme Court Hears Case of Baker Refusing to Make Cake for Gay Wedding; Justice Anthony Kennedy figures to be pivotal; Justice Department backs baker."

Mark Sherman of The Associated Press reports that "Kennedy wrestles with wedding cake case at Supreme Court."

And Greg Stohr of Bloomberg News reports that "Kennedy Sends Mixed Messages in Supreme Court Cake Case."
Posted at 01:11 PM by Howard Bashman



In today's mail: I received my copy of the Spring 2017 issue of The Journal of Appellate Practice and Process, containing my essay titled "Surveying the Landscape as Technology Revolutionizes Media Coverage of Appellate Courts."
Posted at 12:00 PM by Howard Bashman


"Live Coverage: Supreme Court Hears Same-Sex Wedding Cake Case." The Wall Street Journal is hosting this live blog reporting on the U.S. Supreme Court oral argument currently underway.
Posted at 10:54 AM by Howard Bashman


"Texas heads back to federal appeals court in long-winding voter ID fight; A federal appeals court will hear arguments Tuesday over the state's recent revisions to its 2011 voter ID law, which federal courts said discriminated against voters of color": Alexa Ura of The Texas Tribune has this report.
Posted at 10:44 AM by Howard Bashman


"Update on the Calabresi-Hirji paper on the Federal Judiciary": Gary Lawson has this guest post at the "Balkinization" blog.
Posted at 10:42 AM by Howard Bashman


"Supreme Court hears same-sex marriage cake case": Ariane de Vogue of CNN.com has this report.
Posted at 10:35 AM by Howard Bashman


"Justices Return to Culture Wars in Wedding Cake Case": Adam Liptak of The New York Times has this report.
Posted at 09:26 AM by Howard Bashman


"A Supreme Court Clash Between Artistry And The Rights Of Gay Couples": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 09:18 AM by Howard Bashman


Monday, December 4, 2017

This appellate judge knows his Beatles songs: The person in question in Senior First Circuit Judge Bruce M. Selya in a decision involving (what else?) beetles.
Posted at 11:24 PM by Howard Bashman


"U.S. top court wary over allowing seizure of ancient Persian artifacts": 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 Rubin v. Islamic Republic of Iran, No. 16-534.
Posted at 11:18 PM by Howard Bashman



"Justices Skeptical of Sports Gambling Ban": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "N.J. argues that it can legalize sports betting, and Supreme Court seems to agree."

David G. Savage of The Los Angeles Times reports that "Supreme Court may be about to legalize sports betting in states that want it."

Brent Kendall of The Wall Street Journal reports that "Supreme Court Justices Question Ban on Sports Betting; At issue is whether 1992 law violates principles of states' rights."

Josh Gerstein of Politico.com reports that "Justices could strike down federal law limiting sports betting; After arguments, Gov. Chris Christie expressed confidence that New Jersey's drive for legalization would prevail."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Odds Drop On Sports-Betting Ban As Supreme Court Hears New Jersey Case."
Posted at 11:07 PM by Howard Bashman



"Kansas stands out for lack of diversity in its judicial branch": Peter Hancock has this front page article in today's edition of The Lawrence Journal-World.
Posted at 10:50 PM by Howard Bashman


"Texas back in court on 'discriminatory' voter ID law": Chuck Lindell of The Austin American-Statesman has this report on a case scheduled to be orally argued tomorrow before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 10:18 PM by Howard Bashman


"Don't Prosecute Trump. Impeach Him." Law professors John Yoo and Saikrishna Prakash have this essay online at The New York Times.
Posted at 10:02 PM by Howard Bashman


"How This Anti-Trump Evangelical Is Quietly Taking Advantage of The Trump Presidency: Mike Farris hated the Supreme Court's same-sex marriage decision, and he loudly ridiculed Donald Trump's run for president; But now he's taken a big gay wedding cake case all the way to the Supreme Court, vying for a major victory in the fight against gay rights; And the Trump administration is supporting him in court." Dominic Holden of BuzzFeed News has this report.
Posted at 09:48 PM by Howard Bashman


"SCOTUS lets challenge to Houston same-sex benefits proceed": Mike Morris of The Houston Chronicle has this report.

Chuck Lindell of The Austin American-Statesman reports that "Supreme Court rejects Texas case on gay-marriage benefits."

Jackie Wang of The Dallas Morning News reports that "U.S. Supreme Court lets stand Texas' decision to exclude gay couples from spousal benefits."

Greg Stohr of Bloomberg News reports that "Houston Rebuffed by U.S. Supreme Court on Same-Sex Benefits."

And Alexa Ura of The Texas Tribune reports that "U.S. Supreme Court declines to consider Houston fight over same-sex marriage benefits."
Posted at 09:44 PM by Howard Bashman



"The Most Important Cake in America: The Supreme Court is about to decide whether bakeries have to make wedding cakes for same-sex couples; But it's about much more than that." Law professor John Culhane has this essay online at Politico Magazine.
Posted at 09:36 PM by Howard Bashman


"2 Nevada Supreme Court justices to retire": David Ferrara of The Las Vegas Review-Journal has this report.
Posted at 09:32 PM by Howard Bashman


"How Not to Advance Gay Marriage": Columnist David Brooks has this essay online at The New York Times.
Posted at 09:30 PM by Howard Bashman


"Supreme Court asked if baker's case protects religious rights or illegal discrimination": Robert Barnes of The Washington Post has this report.

And Dominic Holden of BuzzFeed News has an article headlined "What The Legal Issues Are -- And Aren't -- In The Gay Wedding Cake Case At The Supreme Court; Oral arguments are on Tuesday."
Posted at 09:18 PM by Howard Bashman



"Trump lawyer says a president can't 'obstruct justice.' Can that be true?" Joan Biskupic of CNN.com has this news analysis.
Posted at 09:10 PM by Howard Bashman


"ACLU v. Mattis and Constructive Suspension of the Writ of Habeas Corpus": Robert Chesney has this post at the "Lawfare" blog.
Posted at 09:06 PM by Howard Bashman


"U.S. Supreme Court Passes On Profane Connecticut Tirade": Edmund H. Mahony of The Hartford Courant has this report.
Posted at 09:04 PM by Howard Bashman


"We've Already Litigated This -- A cake maker has as much right to discriminate against gay customers as a BBQ shop has a right to discriminate against black ones: None." Cristian Farias has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman


"You don't say: Does refusing to bake a wedding cake count as speech? Only under a misunderstanding of the Supreme Court's First Amendment doctrine." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 08:30 PM by Howard Bashman


"Gay-Wedding Clash at U.S. Supreme Court Is No Piece of Cake": Greg Stohr of Bloomberg News has this report.
Posted at 08:16 PM by Howard Bashman


"Woman shares new evidence of relationship with Roy Moore when she was 17": Stephanie McCrummen of The Washington Post has this report.
Posted at 05:06 PM by Howard Bashman


"Supreme Court allows full enforcement of Trump travel ban": The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "U.S. top court lets Trump's latest travel ban go into full effect."

This afternoon, the U.S. Supreme Court issued two related orders, which you can access here and here.
Posted at 04:28 PM by Howard Bashman



Access the transcript of today's U.S. Supreme Court oral argument in Christie v. National Collegiate Athletic Assn., No. 16-476: At this link.
Posted at 03:57 PM by Howard Bashman


"Welcome to the New Supreme Court Brief: Every morning the court is in session, we'll share what we're watching; This week it's off to the races with the sports betting case Christie v. National Collegiate Athletic Association." You can access today's installment of Supreme Court Brief by Tony Mauro and Marcia Coyle at this link.
Posted at 01:48 PM by Howard Bashman


"This 'Tenacious Underdog' Won His First Supreme Court Case. Now He's Back." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:44 PM by Howard Bashman


"Top court leaves in place Texas ruling questioning gay spousal benefits": Andrew Chung of Reuters has this report.
Posted at 01:28 PM by Howard Bashman


"Here's why I can't custom-design cakes for same-sex weddings: We don't have to agree on questions of sexual morality; But what we should be able to agree on is our freedom, to live out our most important ideals." Jack Phillips, the owner of Masterpiece Cakeshop in Lakewood, Colorado, has this op-ed online at USA Today.

And online at The New York Times, Robert P. George and Sherif Girgi have an essay titled "A Baker's First Amendment Rights."
Posted at 01:23 PM by Howard Bashman



"Supreme Court could make sports-betting ban an underdog": Richard Wolf and Herb Jackson of USA Today have this report.
Posted at 01:15 PM by Howard Bashman


"U.S. justices lean toward allowing sports betting in New Jersey case": Lawrence Hurley of Reuters has this report.

Jessica Gresko of The Associated Press reports that "Court suggests it may side with NJ in sports gambling case."

And Greg Stohr of Bloomberg News reports that "Justices Suggest They May Let States Legalize Sports Gambling."
Posted at 01:12 PM by Howard Bashman



"Marine general asks federal court to overturn his Guantanamo contempt conviction": Carol Rosenberg of The Miami Herald has this report.
Posted at 01:04 PM by Howard Bashman


"OT2017 #8: 'Bespoke but Blank.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 01:00 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.

And in Floyd v. Alabama, No. 16-9304, Justice Sonia Sotomayor issued a statement, in which Justice Stephen G. Breyer joined, respecting the denial of certiorari.
Posted at 12:56 PM by Howard Bashman



Sunday, December 3, 2017

"Supreme Court to Hear Arguments Over Sports-Betting Ban; Ruling could open up more of the country to wagering and generate up to $15 billion a year": Chris Kirkham and Brent Kendall of The Wall Street Journal have this report.
Posted at 09:35 PM by Howard Bashman


"Do we appreciate our Supreme Court justices enough? This moment of transition provides a unique opportunity to reflect on the joys and pressures of the position." Law professor Penny Collenette has this essay online at The Toronto Star.
Posted at 08:06 PM by Howard Bashman


"WV Justice Loughry has state-owned desk removed from his house": Phil Kabler of The Charleston (W.V.) Gazette-Mail has this report.

The newspaper has published a related editorial titled "Supreme Court should offer people an inventory."

The newspaper has published an essay by Hoppy Kercheval titled "More overspending at state Supreme Court."

And the newspaper has published an essay by former Supreme Court of Appeals of West Virginia Justice Richard Neely titled "Don't throw the baby out with the Supreme Court bathwater."
Posted at 07:50 PM by Howard Bashman



"U.S. Supreme Court wedding cake case could affect St. Cloud couple's suit against Minnesota; Both sides in Minnesota will be watching Tuesday when the justices in Washington hear arguments in a parallel case from Colorado": Stephen Montemayor has this front page article in today's edition of The Minneapolis Star Tribune.
Posted at 07:30 PM by Howard Bashman


"A cake is food, not speech. But why bully the baker?" Columnist George F. Will has this op-ed in today's edition of The Washington Post.
Posted at 07:26 PM by Howard Bashman


"Sports betting, states' rights on tap at Supreme Court": Richard Wolf of USA Today has this report.
Posted at 07:02 PM by Howard Bashman


"Let Them Not Bake Cake: Does gay marriage trump the right to religious expression?" The Wall Street Journal has published this editorial.
Posted at 05:58 PM by Howard Bashman


"Case of Baker Who Refused to Make Cake for Gay Couple Heads for Supreme Court; Colorado wedding-cake flap to test high court's commitment to gay rights": Jess Bravin of The Wall Street Journal has this report.
Posted at 05:55 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: 20 Thoughts for a Cold December Day." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 04:50 PM by Howard Bashman


"'It's not about cakes': Stakeholders line up on both sides of SCOTUS religious liberty case." Ariane de Vogue of CNN.com has this report.
Posted at 03:20 PM by Howard Bashman


"High court betting case pits states against sports leagues": David Porter and Jessica Gresko of The Associated Press have this report.

And James Nash of The Record of Hackensack, New Jersey reports that "Supreme Court to decide whether Jerseyans can ante up on sporting events."
Posted at 01:52 PM by Howard Bashman



"Bork Was a Great Scholar, But Poor Guide to Modern Originalism": John O. McGinnis has this post at the "Law & Liberty" blog.
Posted at 01:46 PM by Howard Bashman


"The same-sex wedding cake case isn't about same-sex marriage": Columnist Jeff Jacoby has this essay online at The Boston Globe.
Posted at 01:36 PM by Howard Bashman


"Some see echoes of '68 court case in wedding cake dispute": Mark Sherman of The Associated Press has this report.
Posted at 01:32 PM by Howard Bashman


Saturday, December 2, 2017

"Their Cake Was Not a First Amendment Issue": This editorial appears in today's edition of The New York Times.
Posted at 08:36 PM by Howard Bashman


"Harvard Agrees to Turn Over Records Amid Discrimination Inquiry": Anemona Hartocollis has this article in today's edition of The New York Times.

And Michael E. Xie of The Harvard Crimson reports that "DOJ 'Reviewing' Harvard's Offer of Access to Student Records."
Posted at 11:16 AM by Howard Bashman



"Supreme Court Justice Ann Scott Timmer: Fourth of a kind." Katie Campbell of Arizona Capitol Times has this report.
Posted at 11:04 AM by Howard Bashman


"Snyder's Supreme Court pick faces conflict claim": Jonathan Oosting of The Detroit News has this report.
Posted at 11:02 AM by Howard Bashman


"Vanderbilt law alumna to clerk for Supreme Court Justice Sotomayor": Amy Wolf of Vanderbilt News has this report.
Posted at 10:58 AM by Howard Bashman


Friday, December 1, 2017

"Constitutional Anomalies or As-Applied Challenges? A Defense of Religious Exemptions." Stephanie H. Barclay and law professor Mark Rienzi have posted this article on SSRN (via "Legal Theory Blog").
Posted at 11:12 PM by Howard Bashman


"How Should a Committed Originalist Decide Masterpiece Cakeshop?" Eric Segall has this blog post at "Dorf on Law."
Posted at 11:02 PM by Howard Bashman


"Senator Flake isn't a Liberal, and Neither is Chief Justice Roberts": Richard Primus has this post at the "Balkinization" blog.
Posted at 10:42 PM by Howard Bashman


"The Justice Department Goes To The Supreme Court To Keep DACA Documents Secret": Chris Geidner of BuzzFeed News has this report.

And Josh Gerstein of Politico.com has a blog post titled "Trump administration takes DACA documents fight to Supreme Court."
Posted at 07:52 PM by Howard Bashman



"Capital One must face overdraft fee lawsuit: U.S. appeals court." Jonathan Stempel of Reuters has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 05:22 PM by Howard Bashman


"Christie Case Could Topple Sanctuary Cities, Marijuana Laws": Kimberly S. Robinson of Bloomberg BNA has this report.
Posted at 04:16 PM by Howard Bashman


"A Note on Carter's 'Court-Packing'": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 02:05 PM by Howard Bashman


"Appeals court rules against releasing draft Whitewater indictments against Clinton": Lydia Wheeler of The Hill has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:48 PM by Howard Bashman


"In Carpenter Case, Justice Sotomayor Tries to Picture the Smartphone Future": Amy Davidson Sorkin has this post online at The New Yorker.
Posted at 01:42 PM by Howard Bashman


"How the Lawyer David Boies Turned a Young Novelist's Sexual Past Against Her": Sheelah Kolhatkar has this post online at The New Yorker.
Posted at 01:40 PM by Howard Bashman


"Opponents in LGBT case agree: It's not about wedding cake." David Crary of The Associated Press has this report.

And in today's edition of The Washington Post, Roxanne Roberts has an article headlined "Wedding cakes can be stunning creations. But do they qualify as art?"
Posted at 01:30 PM by Howard Bashman



"Supreme Court: Interveners speak for and against Trinity Western University law school; Humanists, atheists, lawyers, Evangelicals, Sikhs, Seventh Day Adventists, Catholic bishops, secularists, teachers, charities . . . ." Ian Mulgrew of The Vancouver Sun has this report.

Because the case was argued in the Supreme Court of Canada, you can view the oral argument video online. Yesterday's oral argument video can be accessed here. When the archive of today's oral argument video becomes available online, I will link to it.
Posted at 01:16 PM by Howard Bashman



Access the audio of this week's U.S. Supreme Court oral arguments: Via this link.
Posted at 01:05 PM by Howard Bashman


"Is there a constitutional right for a business to not serve customers?" Law professor Erwin Chemerinsky has this essay online at ABA Journal.

And offering a contrasting view of the case, online at National Review, David French has an essay titled "Stop Misrepresenting Masterpiece Cakeshop: The First Amendment and nondiscrimination laws should point the Supreme Court to the just decision."
Posted at 11:34 AM by Howard Bashman



"Neil Gorsuch's Independent Streak: At arguments in Carpenter v. United States, the conservative justice used originalist principles to defend 21st-century digital privacy." Mark Joseph Stern has this jurisprudence essay online at Slate.

And online at The Atlantic, Jeffrey Rosen has an essay titled "A Liberal-Conservative Alliance on the Supreme Court Against Digital Surveillance: Justices found common ground in asserting the relevance of the Fourth Amendment in the electronic age, even as they cited sharply different rationales."
Posted at 11:27 AM by Howard Bashman



"Action on Grasz judicial nomination delayed": Don Walton of The Lincoln Journal Star has this report.
Posted at 11:23 AM by Howard Bashman


"Judge Kozinski Objects": Clinical assistant professor of law Beth H. Wilensky has posted this paper online.
Posted at 11:20 AM by Howard Bashman


"Supreme Court's cake case pits gay rights versus Christian faith": Lawrence Hurley of Reuters has this report.
Posted at 10:54 AM by Howard Bashman






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