How Appealing

Tuesday, February 20, 2018

"Grassley, Dems step up battle over judicial nominees": Lydia Wheeler of The Hill has this report.

And in related coverage, last week Erica Snow of The Daily Northwestern reported that "Nomination of alum to U.S. Court of Appeals for the 7th Circuit headed to Senate vote."
Posted at 10:18 AM by Howard Bashman



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

The Court issued a per curiam summary reversal of the judgment of the U.S. Court of Appeals for the Sixth Circuit in CNH Indus. N.V. v. Reese, No. 17-515.

And Justice Clarence Thomas dissented from the denial of certiorari in Silvester v. Becerra, No. 17-342.
Posted at 09:32 AM by Howard Bashman



Monday, February 19, 2018

"Clarence Thomas Sexually Harassed Me. Yes, He Should Be Impeached." Angela Wright-Shannon has this essay online at HuffPost.
Posted at 09:58 PM by Howard Bashman


"Trump administration challenges Arizona's DACA legal arguments": Howard Fischer of Arizona Capitol Times has this report.
Posted at 09:32 PM by Howard Bashman


"Church property cases and 'neutral principles'": Samuel Bray has this post at "The Volokh Conspiracy."
Posted at 05:17 PM by Howard Bashman


"Pa Supreme Court on 4-3 Vote Adopts Advisor Nate Persily's Maps for Pennsylvania Congressional Redistricting; GOP's Litigation Options Do Not Look Good": Rick Hasen has this post at his "Election Law Blog."
Posted at 05:07 PM by Howard Bashman


"Lying to Investigators Shouldn't Be a Crime: Everyone from President Trump to a petty thief is at the same disadvantage when talking to prosecutors." Law professor Stephen L. Carter has this essay online at Bloomberg View.
Posted at 05:00 PM by Howard Bashman


"Amicus Policy Success in Impactful Supreme Court Decisions": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 03:36 PM by Howard Bashman


"Pa. gerrymandering case: State Supreme Court releases new congressional map for 2018 elections." Jonathan Lai & Liz Navratil of The Philadelphia Inquirer have this report.
Posted at 03:06 PM by Howard Bashman


"Arguments will be heard in U.S. Supreme Court case between city, former HPD officer": Becky Hiser of The Hays (Kan.) Post has this report.
Posted at 01:56 PM by Howard Bashman


"Gorsuch deciding vote in key labor union funding case": Mark Sherman of The Associated Press has this report.
Posted at 01:50 PM by Howard Bashman


"This Supreme Court Case Is The Biggest Threat To Organized Labor In Years; It could cost unions millions of members -- but also force them to adapt and innovate": Dave Jamieson of HuffPost has this report.
Posted at 01:48 PM by Howard Bashman


"Pa. Supreme Court to offer new congressional map in gerrymandering saga; Here's what to expect": Jonathan Lai of The Philadelphia Inquirer has this report.

You can access the latest court filings in the case via this link.
Posted at 01:44 PM by Howard Bashman



"State Supreme Court race heads Tuesday primary elections": Don Behm of The Milwaukee Journal Sentinel has this report.
Posted at 01:38 PM by Howard Bashman


"Board denies parole to man who served 50 plus years after killing deputy when he was juvenile": Grace Toohey of The Advocate of Baton Rouge, Louisiana has an article that begins, "The Louisiana parole board on Monday morning denied freedom to 71-year-old Henry Montgomery, whose case was central in a Supreme Court decision about juvenile offenders sentenced to life in prison without parole."

And Michael Kunzelman of The Associated Press reports that "Inmate in landmark Supreme Court case denied parole."
Posted at 12:58 PM by Howard Bashman



"A Better Way to Protect Mueller": Neal K. Katyal and Kenneth W. Starr have this essay online at The New York Times.
Posted at 11:44 AM by Howard Bashman


"Will Anthony Kennedy Retire? What Influences a Justice's Decision." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:22 AM by Howard Bashman


"The Supreme Court's options on DACA": Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:40 AM by Howard Bashman


"OT2017 #14: 'Justice for Stormy.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 08:34 AM by Howard Bashman


"High court asked to iron out polling place clothing dispute": Jessica Gresko of The Associated Press has this report.
Posted at 08:32 AM by Howard Bashman


"The Forgotten Testimonies Against Clarence Thomas": Jill Abramson has this post at the "Daily Intelligencer" blog of New York magazine. Abramson also has this related cover story in the current issue of that magazine.
Posted at 08:27 AM by Howard Bashman


"Twitter's slave labor force": Eric Posner has this blog post.
Posted at 08:24 AM by Howard Bashman


Sunday, February 18, 2018

"Outside expert advises Pa. Supreme Court in drawing congressional district map": Lindsay Lazarski of WHYY has an article that begins, "In a decision that could have national political ramifications, the Pennsylvania Supreme Court is expected to decide Monday where Pennsylvania's congressional boundaries will fall for the next two election cycles."
Posted at 11:44 PM by Howard Bashman


"Ryan Bounds passes muster with those he supposedly maligned": Online at The Oregonian, David Lat and Courtney Angeli have an essay that begins, "We are writing in support of Ryan Bounds, President Trump's nominee to the U.S. Court of Appeals for the Ninth Circuit. We both have worked closely with Ryan over his distinguished legal career, and we know he would be a superb addition to the federal judiciary."
Posted at 11:32 PM by Howard Bashman


"Do You Believe Her Now? With new evidence that Clarence Thomas lied to get onto the Supreme Court, it's time to talk seriously about impeachment." Jill Abramson will have this cover story in the February 19, 2018 issue of New York magazine.
Posted at 11:30 PM by Howard Bashman


"Kennedy 'Most Consequential' Justice of Era": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 09:50 AM by Howard Bashman


Saturday, February 17, 2018

"Loughry out, Workman in as WV Supreme Court chief justice": Today's edition of The Charleston (W. Va.) Gazette-Mail contains a front page article that begins, "Allen Loughry was abruptly replaced by Margaret Workman as chief justice of the West Virginia Supreme Court of Appeals on Friday, following weeks of controversy over spending at the court and at least two state legislators calling for impeachment proceedings against Loughry."

The Exponent Telegram of Clarksburg, West Virginia reports that "Workman selected to replace Loughry as chief justice, says it's time to restore public respect to court."

And Brad McElhinny of MetroNews reports that "Loughry is out as chief justice, referencing federal investigation."
Posted at 01:44 PM by Howard Bashman



"'Little Pink House' Movie Tackling 'Kelo' Supreme Court Decision Gets Release Date; The feature film explores the downside of eminent domain, putting it at odds with President Trump": Paul Bond of The Hollywood Reporter has this article.

You can view the movie's trailer on YouTube at this link.
Posted at 01:34 PM by Howard Bashman



"California public sector unions are about to be gutted by Supreme Court conservatives": Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.
Posted at 01:28 PM by Howard Bashman


"Ruth Bader Ginsburg: the Supreme Court's outspoken justice." Steve Kurtz has this essay at FoxNews.com.
Posted at 01:16 PM by Howard Bashman


"A Prisoner Got a Book Deal. Now the State Wants Him to Pay for His Imprisonment." Alexandra Alter of The New York Times has this report.
Posted at 01:09 PM by Howard Bashman


"Frustrated Military Tribunal Judge Indefinitely Halts Cole Bombing Case": Charlie Savage has this article in today's edition of The New York Times.
Posted at 01:06 PM by Howard Bashman


"Is It 'Natural'? Consumers, and Lawyers, Want to Know; When products are labeled natural, the court challenges begin, raising questions about whether labeling is really misleading or simply fodder for a lawsuit." Julie Creswell has this article in today's edition off The New York Times.
Posted at 01:04 PM by Howard Bashman


"A Preview of a Union-Busting Case, and RBG's Greatest Hits Tour: Details on the case that could gut public sector unions, and Justice Ginsburg speaks to #MeToo and due process." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 01:00 PM by Howard Bashman


Friday, February 16, 2018

"Thomas Laments Victim Mentality, Reflects on Difficult Past": Kimberly Robinson has this post at the "US Law Week Blog."
Posted at 02:58 PM by Howard Bashman


Sixth Circuit panel rejects "an anything-hurts-so-long-as-Congress-says-it-hurts theory of Article III injury": Circuit Judge Jeffrey S. Sutton issued this interesting opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a case involving the Fair Debt Collection Practices Act.
Posted at 02:53 PM by Howard Bashman


"Trump lawyers press Supreme Court to act fast on 'Dreamers' and abortion dispute": David G. Savage of The Los Angeles Times has this report.
Posted at 01:44 PM by Howard Bashman


"Supreme Court will meet behind closed doors Friday on DACA": Ariane de Vogue of CNN.com has this report.
Posted at 01:40 PM by Howard Bashman


"Frustrated judge halts USS Cole trial 'until a superior court tells me to keep going'": Carol Rosenberg of The Miami Herald has an article that begins, "The judge in the trial of the man accused of planning the bombing of the USS Cole on Friday shut down the proceedings over his inability to get defense lawyers back to the death-penalty case."
Posted at 01:20 PM by Howard Bashman


"Justice Scalia Recognized the Constitutionality of Some Gun Control Measures, And For That He Was Criticized as Not Sufficiently Originalist": Rick Hasen has this post at his "Election Law Blog."
Posted at 11:24 AM by Howard Bashman


"Nothing in the Constitution Prevents Sensible Gun Rules: Listen to Justice Scalia on the Second Amendment." Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 09:02 AM by Howard Bashman


"Oaths Matter, for the Spouses and the Officiant: A magistrate who resigned rather than perform gay weddings shouldn't be getting a payoff." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:00 AM by Howard Bashman


"The Judicious RBG: Ruth Bader Ginsburg has become a powerful advocate for the #MeToo movement by showing up and modeling dignity." Dahlia Lithwick has this jurisprudence essay online at Slate. It was wonderful to see Dahlia this past Monday evening at the National Constitution Center.
Posted at 08:55 AM by Howard Bashman


Thursday, February 15, 2018

"Lawyers clash on how Iowa abortion waiting period would affect women": Stephen Gruber-Miller of The Des Moines Register has this report.
Posted at 11:44 PM by Howard Bashman


"Pa. Democrats, others send congressional redistrict plans to Supreme Court": Jonathan Lai of The Philadelphia Inquirer has an article that begins, "A slew of proposals were submitted to the Pennsylvania Supreme Court on Thursday as the clock ran out for the state legislature to draw a new map of congressional districts and have it approved by Gov. Wolf."
Posted at 11:26 PM by Howard Bashman


"7th Circ. Imposes Sanctions In 'Frivolous' Wage Suit Appeal": Cara Salvatore of Law360.com has an article (subscription required for full access) that begins, "A construction contractor appealing the loss of an employee wage suit was met with sanctions from the Seventh Circuit on Wednesday and a stern rebuke over practically every facet of the appeal, from its 'naked assertions' to the flouting of local rules mandating supporting documentation."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:09 PM by Howard Bashman



"Appeals court: Nonprofits must disclose their donors." Bruce Golding of The New York Post has this report.

Jonathan Stempel of Reuters reports that "Citizens United loses free speech appeal over New York donor rules."

Chris Dolmetsch of Bloomberg News reports that "New York Nonprofits Must Disclose Large Donors, Appeals Court Rules."

And Nick Rummell of Courthouse News Service reports that "Citizens United Can't Hide Donor Lists From NY."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:02 PM by Howard Bashman



"The Founders' Grandson, Part II: Clarence Thomas's quest for a new new birth of freedom." Myron Magnet has this article in the Winter 2018 issue of City Journal.

Part one of the article, headlined "The Founders' Grandson, Part I: How Clarence Thomas began his quest to restore our original Constitution," appeared in the Autumn 2017 issue of that publication.
Posted at 09:08 PM by Howard Bashman



"Justice Thomas Says Court Confirmation Shouldn't Be 'Spectacle'": Greg Stohr of Bloomberg News has this report.
Posted at 09:03 PM by Howard Bashman


"N.Y. judge safeguards media access to Islamic State suspect's trial": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 05:44 PM by Howard Bashman


"Government unions are in deep trouble. And they have themselves to blame." In today's edition of The Washington Post, columnist Charles Lane has an op-ed that begins, "No obscure Supreme Court ruling deserves its obscurity less than Abood v. Detroit Board of Education, the transformational 1977 case in which the justices upheld mandatory dues for public-employee unions."
Posted at 03:33 PM by Howard Bashman


"A Conversation with the Honorable Clarence Thomas": In just about five minutes from now, the Library of Congress will livestream this event on YouTube.
Posted at 03:25 PM by Howard Bashman


"Will the Supreme Court Become Trump's Enabler?" Linda Greenhouse has this essay online at The New York Times.
Posted at 03:18 PM by Howard Bashman


"Trump's Latest Travel Ban Suffers Blow From a Second Appeals Court": Adam Liptak of The New York Times has this report.

Robert Barnes and Ann E. Marimow of The Washington Post report that "Appeals court says Trump's latest travel ban violates the law -- again."

Jaweed Kaleem of The Los Angeles Times reports that "Second federal appeals court rules against Trump's travel ban."

Stephen Dinan of The Washington Times reports that "Appeals court said Trump travel ban 'tainted with animus toward Islam.'"

Frank Green of The Richmond Times-Dispatch reports that "Richmond-based federal appeals court finds Trump Muslim travel ban unconstitutional -- again."

Lawrence Hurley of Reuters reports that "U.S. court says Trump travel ban unlawfully discriminates against Muslims."

Denise Lavoie of The Associated Press reports that "Appeals court declares Trump travel ban unconstitutional."

Andrew M Harris of Bloomberg News reports that "Trump Loses Again on Travel Ban in Ruling by Second Appeals Panel."

Ariane de Vogue of CNN.com reports that "Appeals court rules against latest Trump travel ban."

Josh Gerstein of Politico.com reports that "Second appeals court rules against Trump travel ban 3.0; The decision has no immediate effect due to the Supreme Court action."

And Zoe Tillman of BuzzFeed News reports that "A Federal Appeals Court Ruled That Trump's Third Travel Ban Is Likely Unconstitutional."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 03:12 PM by Howard Bashman



"Should Cops Be Allowed to Rip Up Your Stuff While Looking for Drugs? How the Supreme Court can curtail the destruction of private property during police searches." Matt Ford of New Republic has this report.
Posted at 10:22 AM by Howard Bashman


"Stop treating Ruth Bader Ginsburg -- a.k.a. 'Notorious R.B.G.' -- like a celebrity": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Los Angeles Times.
Posted at 10:16 AM by Howard Bashman


"Clinic Returns to Supreme Court on Tuesday With Case Testing Fifth Amendment's Limits": Eric Williamson of the University of Virginia School of Law has this report.
Posted at 10:08 AM by Howard Bashman


Wednesday, February 14, 2018

"Man blocked from tapping restitution fund for appeals lawyer": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 10:26 PM by Howard Bashman


"Todd Rasberry found himself in a jam": So begins Senior First Circuit Judge Bruce M. Selya's opinion for that court today in United States v. Rasberry.

And the opinion concludes, "Rasberry's appeal yields only bitter fruit and, therefore, the judgment of the district court is Affirmed."
Posted at 10:16 PM by Howard Bashman



"Days before SCOTUS meets on DACA petition, new injunction complicates debate": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has the post.
Posted at 09:10 PM by Howard Bashman


"Appeals court approves most of federal ruling that Harris County's bail practices unconstitutional; Sends parts of the case back to the judge": Gabrielle Banks of The Houston Chronicle has this report.

Juan A. Lozano of The Associated Press reports that "Ruling that Texas bail system unfair to poor mostly upheld."

And Jolie McCullough of The Texas Tribune reports that "Appeals court mostly upholds ruling against Harris County bail practices; A federal appellate court on Wednesday mostly upheld a ruling claiming that Harris County's bail practices unfairly discriminate against poor misdemeanor defendants."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:04 PM by Howard Bashman



"Trump's Four New Appellate Nominees Could Show Course Change": Patrick Gregory of Bloomberg Law has this report.
Posted at 04:12 PM by Howard Bashman


"LGBT Americans owe the Supreme Court for our happy Valentine's Days; The Court's upcoming decision could add another brick to the fortress that it has built to shield loving couples from discrimination and indignity": Jim Obergefell has this essay online at USA Today.
Posted at 04:05 PM by Howard Bashman


"When corporations silence employees via arbitration, shareholders lose": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a post that begins, "Sometime in the next few months, the U.S. Supreme Court will decide whether corporations can force employees not just to give up their right to sue in class actions but even to surrender their power to arbitrate alongside other employees raising similar allegations."
Posted at 02:46 PM by Howard Bashman


"Judges Say Throw Out the Map. Lawmakers Say Throw Out the Judges." Michael Wines has this article in today's edition of The New York Times.
Posted at 01:55 PM by Howard Bashman


"The Bogus 'Free Speech' Argument Against Unions: The latest attempt to use the Supreme Court to eviscerate a key liberal constituency seems like a thoroughly partisan operation." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:45 AM by Howard Bashman


Tuesday, February 13, 2018

"Court rules Gardendale can't form school system, finds racial motives; city to appeal": Kent Faulk of The Birmingham News has this report.

And Jay Reeves of The Associated Press reports that "Court in desegregation case blocks Alabama school split."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:18 PM by Howard Bashman



"Gov. Wolf rejects Pennsylvania Republicans' map proposal, saying it remains a partisan gerrymander": Jonathan Lai and Liz Navratil of The Philadelphia Inquirer have this report.
Posted at 08:57 PM by Howard Bashman


"Iowa Supreme Court to hear challenge to 72-hour waiting period for abortions": Stephen Gruber-Miller of The Des Moines Register has this report.
Posted at 08:50 PM by Howard Bashman


"Their new neighbors are 10,000 hogs. Do they have the right to sue?" Stephen Gruber-Miller of The Des Moines Register has this report.

Earlier, at "On Brief: Iowa's Appellate Blog," Rox Laird previewed the case in a post titled "Iowa Supreme Court preview: Is Iowa's law protecting hog confinements from lawsuits unconstitutional?"
Posted at 07:50 PM by Howard Bashman



"Military judge wants civilian attorneys arrested for quitting USS Cole case": Carol Rosenberg of The Miami Herald has this report.
Posted at 07:44 PM by Howard Bashman


"He's been a Texas Supreme Court justice for a month. Now Jimmy Blacklock must become a candidate." Emma Platoff of The Texas Tribune has this report.
Posted at 07:40 PM by Howard Bashman


"Suited up: Do voters have a right to wear political garb at the polling booth? A Minnesota law barring politics at the polls arrives at the Supreme Court." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 05:40 PM by Howard Bashman


"The judiciary must deal with #MeToo -- and with what I know": Nicole VanderDoes, chief counsel of the ABA Standing Committee on the American Judicial System, has this post today at the blog of the ABA Journal.
Posted at 05:14 PM by Howard Bashman


"Pentagon wants to replace Guantanamo's Top Secret prison. Price per prisoner: $4.6M." Carol Rosenberg of The Miami Herald has this report.
Posted at 05:09 PM by Howard Bashman


"As Washington Splits Over Trump, Four Justices Seek Consensus": Greg Stohr of Bloomberg News has this report.
Posted at 05:07 PM by Howard Bashman


"Supreme Court still feeling the impact of Antonin Scalia's death": Joan Biskupic of CNN.com has this report.
Posted at 05:03 PM by Howard Bashman


"Supreme Court Movers and Shakers (Attorneys and Justices)": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 04:55 PM by Howard Bashman


"Trump's 87 picks to be federal judges are 92% white with just one black and one Hispanic nominee": Richard Wolf of USA Today has this report.
Posted at 04:40 PM by Howard Bashman


"Antonin Scalia's disruption of the Supreme Court's ways is here to stay": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Washington Post.
Posted at 09:38 AM by Howard Bashman


Monday, February 12, 2018

"Planners of Deadly Charlottesville Rally Are Tested in Court": Alan Feuer has this front page article in today's edition of The New York Times.
Posted at 11:48 PM by Howard Bashman


"Bermuda Bends Back the Arc: The territory's abrupt repeal of marriage equality proves there's nothing inevitable about civil rights." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:44 PM by Howard Bashman


"At Penn Law events, Justice Ginsburg discussed #MeToo, politics, and her 'faith' in millenials": James Meadows and Max Cohen of The Daily Pennsylvanian have this report.

The video of this afternoon's Penn Law event honoring Justice Ruth Bader Ginsburg can be viewed on YouTube via this link.

And Jeffrey Rosen's interview of Justice Ginsburg this evening at the National Constitution Center, which I had the privilege of attending, can be viewed on YouTube via this link.

Before this evening's Constitution Center event, I had the pleasure of meeting Ninth Circuit Judge John B. Owens, who was a panelist at this afternoon's Penn Law event. This trip marked Judge Owens' first visit ever to Philadelphia, a fact that led one of the Third Circuit judges in attendance to suggest that an excursion to enjoy cheesesteaks might be in order following this evening's event.

Here's a federal appellate trivia tidbit: Having met Ninth Circuit Judge Owens earlier this evening now enables me to say that I have had the privilege of meeting at social gatherings all (or, more accurately, both) U.S. Court of Appeals judges whose last names begin with "Owen" (the other being Fifth Circuit Judge Priscilla R. Owen, who I had the pleasure of meeting at a recent Fifth Circuit Judicial Conference in New Orleans).
Posted at 11:24 PM by Howard Bashman



"Loquacious RBG doesn't 'genuinely like' some of her colleagues": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 11:03 PM by Howard Bashman


"Trump nominates former Hawaii Attorney General Bennett to 9th Circuit bench": Kevin Dayton of The Honolulu Star-Advertiser has this report.

And Nick Grube of Honolulu Civil Beat reports that "This Trump Pick Wins Rare Applause from Hawaii's Democratic Senators; Mark Bennett, the former state attorney general, has been nominated for the Hawaii seat on U.S. 9th Circuit Court of Appeals."
Posted at 10:58 PM by Howard Bashman



Programming note: I will be heading to the National Constitution Center soon to attend Justice Ruth Bader Ginsburg's appearance there this evening.

First, at 3 p.m. eastern time, Justice Ginsburg will be participating in an event in her honor at Penn Law. You can view that event live on YouTube via this link.

Then, at 6 p.m. eastern time, Jeffrey Rosen will interview Justice Ginsburg at the Constitution Center. This event will also be streamed live on YouTube.

Additional posts will appear here later tonight.
Posted at 02:28 PM by Howard Bashman



"Judge Joel Carson: Nominee to the U.S. Court of Appeals for the Tenth Circuit." Harsh Voruganti has this post at his blog, "The Vetting Room."

The Senate Judiciary Committee has scheduled this nominee's confirmation hearing for this Wednesday.
Posted at 01:52 PM by Howard Bashman



"Judiciary leaders want action on preventing sexual misconduct in courts": Aileen Graef and Joan Biskupic of CNN.com have this report.
Posted at 01:48 PM by Howard Bashman


"Masterpiece Cakeshop: Beware the False Equivalence." Caroline Mala Corbin has this post at the "Take Care" blog.
Posted at 01:22 PM by Howard Bashman


"Trump unveils 11th round of judicial nominees": Alex Swoyer of The Washington Times has an article that begins, "President Trump announced his 11th wave of judicial nominees on Monday, intending to nominate nine federal judges including four federal circuit court picks."

And in local news coverage, Lynn Sweet of The Chicago Sun-Times reports that "Trump taps Scudder, St. Eve for Chicago based seats on Court of Appeals."

Chuck Lindell of The Austin American-Statesman reports that "Trump taps Abbott adviser for federal appeals court."

Jackie Wang of The Dallas Morning News reports that "President Trump names Gov. Abbott's general counsel to federal appeals court."

And Emma Platoff of The Texas Tribune reports that "Trump nominates Abbott adviser Oldham to the 5th Circuit Court of Appeals; For the second time in a matter of months, a top legal adviser to Gov. Greg Abbott has been named to a prominent judicial post."

Today's official White House news release is titled "President Donald J. Trump Announces Eleventh Wave of Judicial Nominees."
Posted at 01:14 PM by Howard Bashman



"Kyle Duncan Is Unfit to Be a Judge": Laverne Thompson has this essay online at The New York Times.

Online at The Federalist, Margot Cleveland responds in a post titled "NYT Misconstrues Fifth Circuit Appointee's Record On Wrongful Murder Conviction."
Posted at 11:22 AM by Howard Bashman



"Ninth Circuit: Adultery Is Constitutionally Protected: The court holds that Lawrence v. Texas limits government restrictions on extramarital sex." Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 11:18 AM by Howard Bashman


"Ruth Bader Ginsburg: Sexism played 'prominent' role in Hillary Clinton's loss." Sally Persons of The Washington Times has this report.

Khadija Hussain of The Columbia Spectator reports that "Justice Ruth Bader Ginsburg headlines Columbia's first women's conference."

Ariane de Vogue of CNN.com reports that "#MeToo will have staying power, Ruth Bader Ginsburg insists."

And at "Above the Law," Staci Zaretsky has a post titled "Justice Ruth Bader Ginsburg Likes 'Most' Of Her Supreme Court Colleagues; Justice Ginsburg also touched on collegiality at the high court, the #MeToo movement, and the role of sexism in the 2016 election."

CNN has posted the video of Justice Ginsburg's appearance yesterday at Columbia University on YouTube at this link.
Posted at 11:04 AM by Howard Bashman



"On the Judicial Resistance": Josh Blackman has this post at the "Lawfare" blog.
Posted at 10:44 AM by Howard Bashman


"Contempt for Court: Republican lawmakers are increasingly showing disdain for decisions made by the judicial branch -- and by extension the rule of law." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:42 AM by Howard Bashman


"Garcia's attorney: New charges in Markel case 'mere speculation.'" Karl Etters of The Tallahassee Democrat has this report.
Posted at 10:36 AM by Howard Bashman


"How to Kill Partisan Gerrymandering: The Pennsylvania Supreme Court just gave state courts a blueprint to strike down political redistricting." Mark Joseph Stern has this jurisprudence essay online at Slate.

And expressing a different point of view, in today's edition of The Philadelphia Inquirer, Val DiGiorgio has an op-ed titled "Pa. Republicans robbed no one, especially Democrats."
Posted at 10:32 AM by Howard Bashman



Sunday, February 11, 2018

"One of California's most powerful posts has been empty for almost six months": Online at The Los Angeles Times, columnist John Myers has an essay that begins, "Gov. Jerry Brown's answer to a reporter's question during a January news conference was both evasive and, by the end, unflinchingly honest. The topic was his search for a new California Supreme Court justice."
Posted at 08:20 PM by Howard Bashman


"Trump's Judges Pose Danger to LGBT Rights": Kenneth Jost has this post at his blog, "Jost on Justice."
Posted at 08:14 PM by Howard Bashman


"She Opened the Door Livestream Access: Livestream of the conversation with Associate Justice Ruth Bader Ginsburg '59LAW will begin on February 11, 2018 at 1:15 p.m. E.T." The Columbia University Women's Conference will provide live, online access to the video of this conversation via this link.

I am looking forward to seeing Justice Ginsburg tomorrow evening in Philadelphia at the National Constitution Center for the Owen J. Roberts Memorial Lecture. This event will be streamed live on YouTube via this link.

Tomorrow afternoon, preceding the Constitution Center event, the University of Pennsylvania Law School will be hosting Justice Ginsburg at its "Symposium Honoring U.S. Supreme Court Associate Justice Ruth Bader Ginsburg." You can view the Penn Law event live on YouTube via this link.
Posted at 10:02 AM by Howard Bashman



Saturday, February 10, 2018

"Fired Official Was Exploring Resolution to 9/11 Case Precluding Death Penalty": Charlie Savage will have this article in Sunday's edition of The New York Times.
Posted at 09:30 PM by Howard Bashman


"Top Republicans in Pa. House, Senate submit congressional map to Gov. Wolf": In today's edition of The Philadelphia Inquirer, Liz Navratil has a front page article that begins, "Facing a deadline imposed by the Pennsylvania Supreme Court, the legislature's two top Republicans late Friday submitted to the governor a new statewide map of congressional districts to replace boundaries the justices ruled were unconstitutional."

Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania reports that "Pa. legislative leaders submit proposed Congressional map to Gov. Tom Wolf, Supreme Court."

In today's edition of The Morning Call of Allentown, Pennsylvania, Steve Esack and Laura Olson have a front page article headlined "GOP lawmakers release proposed new congressional map."

Scott Calvert and Brent Kendall of The Wall Street Journal report that "Pennsylvania GOP Lawmakers Submit New Map in Gerrymandering Case; State's Supreme Court had overturned current congressional districts as unfair to Democrats."

Mark Scolforo and Marc Levy of The Associated Press reports that "Democrats see partisanship in GOP Pennsylvania district map."

And Joseph Ax of Reuters reports that "Republican Pennsylvania leaders submit plan for redrawing congressional map."
Posted at 09:22 PM by Howard Bashman



"Supreme Court backs CBC against bid to 'unpublish' internet story": Sean Fine of The Toronto Globe and Mail has an article that begins, "The Supreme Court has refused to order the Canadian Broadcasting Corp. to remove a story from its website after the public broadcaster was charged with criminal contempt of court for refusing to do so."

Jim Bronskill of The Canadian Press reports that "Supreme Court sides with CBC in publication ban case over archived stories on murdered Alberta girl."

And Kathleen Harris of CBC News reports that "Supreme Court rules in favour of CBC in publication ban case; Case stems from court order to 'unpublish' material online after publication ban issued."

You can access yesterday's unanimous ruling of the Supreme Court of Canada at this link.
Posted at 03:14 PM by Howard Bashman



"Tim Burns keeps liberal views prominent in Wisconsin Supreme Court race while both sides blanch at unorthodox style": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 03:04 PM by Howard Bashman


"Supreme Court on the verge of reversing some of its old decisions": Richard Wolf of USA Today has this report.
Posted at 02:54 PM by Howard Bashman


"Developers Seek $6 Million Tax Break for Trump-Managed Hotel": Steve Eder and Ben Protess have this front page article in today's edition of The New York Times.
Posted at 02:28 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: Five Years After the Death of the Clerkship Plan." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 02:25 PM by Howard Bashman


Friday, February 9, 2018

"Immigrants can sue federal detention center in Colorado over forced labor, appeals court says; The immigrants seek more than $5 million in damages from the GEO Group": Kieran Nicholson of The Denver Post has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:30 PM by Howard Bashman


"Police can't be fired for having affairs with other officers, court rules": Bob Egelko of The San Francisco Chronicle has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today, giving rise to an acknowledged circuit split.
Posted at 11:22 PM by Howard Bashman


"Court rules in favor of male student in sexual-assault case": Dan Sewell of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:14 PM by Howard Bashman


"Arab Bank Wins Ruling Tossing Verdict Over Terror Funding": Chris Dolmetsch and Christie Smythe of Bloomberg News have this report.

Jonathan Stempel of Reuters reports that "Arab Bank terrorism case ends as U.S. court voids jury verdict."

And Adam Klasfeld of Courthouse News Service reports that "Arab Bank Still on the Hook After Court Chucks Terror Verdict."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:04 PM by Howard Bashman



"Bermuda Outlaws Gay Marriage, Less Than a Year After It Became Legal": Megan Specia will have this article in Saturday's edition of The New York Times.
Posted at 10:53 PM by Howard Bashman


"Court Revives Poet's Free Speech Claims Against Public TV": Josh Russell of Courthouse News Service has a report that begins, "The Second Circuit Court of Appeals revived an East Harlem poet's free speech lawsuit against a public access television corporation that barred him from its studio."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:50 PM by Howard Bashman



"Third-highest ranking official at the Justice Department stepping down": Sari Horwitz and Josh Dawsey of The Washington Post have this report.

And Zoe Tillman of BuzzFeed News reports that "Rachel Brand, The Third-Ranking Justice Department Official, Is Stepping Down."
Posted at 08:25 PM by Howard Bashman



Access online the contents of the February 2018 issue of the Harvard Law Review: Via this link. Therein, law professor Benjamin I. Sachs has an article titled "Agency Fees and the First Amendment."

And online at the Harvard Law Review Forum, First Circuit Judge Juan R. Torruella has a commentary titled "Why Puerto Rico Does Not Need Further Experimentation with Its Future: A Reply to the Notion of 'Territorial Federalism.'"
Posted at 07:54 PM by Howard Bashman



"No. 3 Official at the Justice Department Is Stepping Down": Katie Benner of The New York Times has an article that begins, "Rachel L. Brand, the No. 3 official at the Justice Department, plans to step down after nine months on the job as the country's top law enforcement agency has been under attack by President Trump, according to two people briefed on her decision."
Posted at 05:48 PM by Howard Bashman


"Trump Promise Kept: Gorsuch Fits Scalia Mold on Criminal Law." Jordan S. Rubin of Bloomberg BNA has this report.
Posted at 12:03 PM by Howard Bashman


Thursday, February 8, 2018

"DOJ makes last pitch for immediate SCOTUS review of DACA": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:28 PM by Howard Bashman


"Court reinstates negligence charge against hotel in beating": Judy Greenwald of Business Insurance has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 10:06 PM by Howard Bashman


"State asks U.S. Supreme Court to review 'Indian Country' ruling that would require federal jurisdiction; State asks justices to review appellate decision with far-reaching implications": Curtis Killman of The Tulsa World has an article that begins, "Oklahoma would become a 'fractured, second-class state' if an appellate court ruling that greatly expanded what is considered 'Indian country' is allowed to stand, a petition filed on behalf of the state with the U.S. Supreme Court argues."
Posted at 09:00 PM by Howard Bashman


"Tim Burns hopes to join state Supreme Court but has only had one case in Wisconsin court": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 08:46 PM by Howard Bashman


"Markel murder suspects facing additional charges": Karl Etters of The Tallahassee Democrat has an article that begins, "New charges filed Wednesday against the two accused murderers of Florida State law professor Dan Markel reflect what investigators say was their integral role in the plot to have him killed."
Posted at 08:42 PM by Howard Bashman


"Pennsylvania Supreme Court's gerrymandering opinion seen as 'groundbreaking,' model for other states": Tim Darragh of The Morning Call of Allentown, Pennsylvania has this report.
Posted at 08:26 PM by Howard Bashman


"As deadline looms, Republicans consider new strategy for Pa. congressional maps": Liz Navratil of The Philadelphia Inquirer has an article that begins, "It's official: The state legislature will not pass a new congressional map before the Pennsylvania Supreme Court's Friday deadline."

And Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "As clock ticks down to redraw Congressional map, Pa. lawmakers mull limited options."
Posted at 08:24 PM by Howard Bashman



"Waiting for Justice: One man's seven-year wait for a trial reveals the ways mandatory minimums distort our courts." Online at Slate, law professor Jeffrey Bellin has a jurisprudence essay that begins, "A federal appeals court recently freed a man who had been incarcerated nearly seven years awaiting trial."
Posted at 02:51 PM by Howard Bashman


"The United States Supreme Court remains doggedly, and ludicrously, opposed to cameras, although it eventually releases audio recordings of oral arguments." So writes Jeffrey Toobin in his post titled "How Larry Nassar's Trial Made the Case for Cameras in the Court" online at The New Yorker.
Posted at 02:45 PM by Howard Bashman


"Massachusetts' high court: Do you know this justice?" Alanna Durkin Richer of The Associated Press has a report that begins, "A man's portrait has hung for years outside the chambers of the chief justice on Massachusetts' highest court. The problem? No one knows who he is."
Posted at 02:36 PM by Howard Bashman


"A Chicken and Egg Problem": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 02:33 PM by Howard Bashman


"For privacy advocates, Nunes' criticism of the FBI brings mental whiplash": In today's edition of The Los Angeles Times, Evan Halper has a front page article that begins, "After years of toiling against the surveillance state, sounding alarms about privacy and warning of Orwellian law enforcement overreach, civil libertarians now find their talking points have been hijacked. A serious case of intellectual whiplash has ensued."
Posted at 01:46 PM by Howard Bashman


"Supreme Court's conservatives appear set to strike down union fees on free-speech grounds": David G. Savage of The Los Angeles Times has this report.
Posted at 01:44 PM by Howard Bashman


"Yahoo asks Supreme Court to overturn Mass. court ruling on estate rights to dead's emails": Bob McGovern of The Boston Herald has an article that begins, "Yahoo is asking the U.S. Supreme Court to definitively declare what happens to our emails when we die and overturn a Massachusetts high court decision finding that federal law doesn't bar disclosing the digital communications to representatives of someone's estate."
Posted at 12:21 PM by Howard Bashman


Baby judges: Jessica Gresko of The Associated Press reports that "In this classroom, every student's name is 'Judge.'"
Posted at 12:04 PM by Howard Bashman


"Why Pa.'s gerrymandered map went too far, acccording to state Supreme Court": Jonathan Lai and Liz Navratil of The Philadelphia Inquirer have this report.

In today's edition of The Patriot-News of Harrisburg, Pennsylvania, Charles Thompson has a front page article headlined "Pa. Supreme Court issues opinions in Congressional redistricting case."

Sam Levine of HuffPost reports that "Pennsylvania's Supreme Court Explains Why It Struck Down Congressional Map Favoring GOP."

And Lindsay Lazarski of WHYY reports that "Pa. Supreme Court details violation of voter rights in full opinion striking down congressional map."

Yesterday's opinions of the Supreme Court of Pennsylvania in this matter consisted of a 136-page majority opinion, an opinion concurring in part and dissenting in part, and two dissenting opinions (here and here).
Posted at 11:54 AM by Howard Bashman



"Anti-union challengers are on the verge of victory at Supreme Court": Richard Wolf of USA Today has this report.
Posted at 09:54 AM by Howard Bashman


"On Tour With Notorious R.B.G., Judicial Rock Star": Adam Liptak will have this new installment of his "Sidebar" column in Friday's edition of The New York Times.

I know that I am looking forward to seeing Justice Ruth Bader Ginsburg speak on Monday evening at the National Constitution Center.
Posted at 09:46 AM by Howard Bashman



"Sotomayor Calls for More Diversity on the Bench": Madison Bober of The Emory Wheel has this report.

And at the Emory News Center, Susan Carini reports that "Supreme Court Justice Sonia Sotomayor visits Emory Law."
Posted at 09:40 AM by Howard Bashman



"Supreme Court Justice Sotomayor wows the crowd at Brown": Katie Mulvaney has this front page article in today's edition of The Providence (R.I.) Journal.

Sarah Wang of The Brown Daily Herald reports that "Sotomayor discusses background, hardships; Supreme Court Justice connects with students, leads open conversation regarding memoir."

And Michelle R. Smith of The Associated Press has a report headlined "Sotomayor: Pay inequality among nation's biggest issues."
Posted at 09:37 AM by Howard Bashman



"Justice Ruth Bader Ginsburg in conversation with Kenji Yoshino": NYU School of Law has posted this video on YouTube.
Posted at 09:25 AM by Howard Bashman


"Politics: Pen Portraits and Table Talk; Only a handful of justices have entered popular lore: Brandeis, Holmes -- and now, perhaps, Scalia." Last week, The Wall Street Journal posted online Barton Swaim's review of three recent Antonin Scalia-related books.
Posted at 09:22 AM by Howard Bashman


Wednesday, February 7, 2018

"Long wait over, Stras quickly takes Eighth Circuit seat amid high court chatter; Minnesota Supreme Court justice's nod triggered historical shake-up to nomination process": Stephen Montemayor of The Minneapolis Star Tribune has this report.
Posted at 11:33 PM by Howard Bashman


"Justice Antonin Scalia: Life and Legacy." The National Constitution Center has posted online at this link the video of the wonderful two-part program that I had the pleasure of attending earlier this evening. It was a pleasure seeing so many friends and fans of "How Appealing" at the event.
Posted at 10:54 PM by Howard Bashman


Programming note: After attending a work-related meeting in Center City Philadelphia this afternoon, I will be heading to the National Constitution Center to see this evening's America's Town Hall program titled "Justice Antonin Scalia: Life and Legacy." You can view the program live, online on YouTube via this link starting at 6 p.m. eastern time.

The Scalia program features Edward Whelan (co-editor of the book "Scalia Speaks"), Richard Hasen (author of the forthcoming book "The Justice of Contradictions: Antonin Scalia and the Politics of Disruption," available for purchase March 20, 2018), Kannon Shanmugam, and Elizabeth Wydra.

Additional posts will appear here later tonight.
Posted at 01:11 PM by Howard Bashman



"Judge David Lampe rules for Tastries Bakery, owner Cathy Miller can continue to refuse to make same-sex wedding cakes": James Burger of The Bakersfield Californian has this report.

And Douglas Perry of The Oregonian reports that "Judge backs California bakery's refusal to make same-sex wedding cake, citing 'artistic expression.'"
Posted at 12:56 PM by Howard Bashman



"Sununu's pick to lead NH's high court is Robert Lynn": Kevin Landrigan has this front page article in today's edition of The New Hampshire Union Leader.
Posted at 11:54 AM by Howard Bashman


"Chris Soules asks Iowa Supreme Court to intercede on his charge": Courtney Crowder of The Des Moines Register has this report.
Posted at 11:50 AM by Howard Bashman


"Meraux woman pleads guilty to stealing $116K from Louisiana Supreme Court": Laura McKnight of The Times-Picayune of New Orleans has this report.

And Ramon Antonio Vargas of The New Orleans Advocate reports that "Meraux woman admits she stole $116,000 from state Supreme Court through elaborate scheme."
Posted at 11:45 AM by Howard Bashman



"The Supreme Court Would Be Crazy to Jump Into the DACA Dispute": Cristian Farias has this post at the "Daily Intelligencer" blog of New York magazine.
Posted at 11:42 AM by Howard Bashman


"Supreme Court justice told governor about ethics complaint, Ricketts' office says": Lori Pilger of The Lincoln (Neb.) Journal Star has this report.
Posted at 11:37 AM by Howard Bashman


"Court fights could erase some of the Republicans' edge in Congress, legislatures": Richard Wolf of USA Today has this report.
Posted at 11:35 AM by Howard Bashman


"Can LGBT rights and religious rights coexist? Kim Davis-like case tests the waters." Sarah Pulliam Bailey has this entry at the "Acts of Faith" blog of The Washington Post.
Posted at 10:14 AM by Howard Bashman


"Sentencing case may set course for Clean Water Act battles": Amanda Reilly of Greenwire has an article that begins, "The next big Supreme Court decision affecting the scope of the Clean Water Act may come from an unlikely source: a plaintiff's fight to reduce a prison sentence for drug and weapons possession charges."

I also discussed this case in this month's installment of my "Upon Further Review" column, which appeared in yesterday's print edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- under the headline "The Complex Calculus of Agreement Among Appellate Judges."
Posted at 10:09 AM by Howard Bashman



Tuesday, February 6, 2018

"Appellate court upholds conviction for threats against Tulsa police after Terence Crutcher killing": Curtis Killman of The Tulsa World has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:16 PM by Howard Bashman


"U.S. appeals court refuses to scuttle $25-million Trump University settlement": Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that "Court upholds $25 million settlement in suits against Trump University."

Kristina Davis of The San Diego Union-Tribune reports that "Trump University cases finally over as appeals court ruling affirms $25 million settlement."

Sudhin Thanawala of The Associated Press reports that "$25M deal over Trump University fraud lawsuits moves forward."

And Josh Gerstein of Politico.com reports that "Appeals court rejects challenge to Trump University settlement; The objector wanted to take president to trial over the fraud claims."

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



The Pulaski County Bar Foundation presents the first annual 2018 Justice Donald L. Corbin Appellate Symposium: The UA Little Rock Bowen School of Law will be hosting this very impressive event on March 29 and 30, 2018. I wish I could attend.
Posted at 09:14 PM by Howard Bashman


"Ohio Supreme Court upholds order to halt surgical abortions at Toledo's last abortion clinic": Jim Provance and Zack Lemon of The Toledo Blade have this report.

Randy Ludlow of The Columbus Dispatch reports that "Ohio Supreme Court upholds state abortion restrictions."

Jackie Borchardt of The Cleveland Plain Dealer reports that "Ohio Supreme Court upholds state order to shut down Toledo abortion clinic."

Laura A. Bischoff and Lynn Hulsey of The Dayton Daily News report that "Ohio Supreme Court ruling against abortion clinics could impact Kettering clinic."

Julie Carr Smyth of The Associated Press reports that "Justices issue legal blows to 2 Ohio abortion clinics."

And Kevin Koeninger of Courthouse News Service reports that "Ohio High Court Deals Double Blow to Abortion Clinics."

You the ruling that the Supreme Court of Ohio released today at this link.
Posted at 09:02 PM by Howard Bashman



"Baltimore police ask Supreme Court to hear appeal of $2.3 million judgment in 'Charles Village rapist' case": Tim Prudente of The Baltimore Sun has this report.
Posted at 08:52 PM by Howard Bashman


"Give Me Gerrymandering, or Give Me Death! In Pennsylvania and elsewhere, Republicans are defying judicial rulings to entrench their own power." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman


"Pennsylvania Republican wants to impeach judges in gerrymandering case": Eric Bradner of CNN.com has this report.
Posted at 08:37 PM by Howard Bashman


"Supreme Court Issues Partial Stay in North Carolina Voting Case": Adam Liptak of The New York Times has this report.

Anne Blythe of The News & Observer of Raleigh, North Carolina reports that "Supreme Court temporarily blocks Stanford professor's election districts for Wake and Mecklenburg."

And Gary D. Robertson of The Associated Press reports that "Supreme Court rejects some redrawn North Carolina districts."

You can access this evening's order of the U.S. Supreme Court at this link.
Posted at 08:32 PM by Howard Bashman



"Constitutional Conversations: Justice Scalia's Memorable Speeches / James Madison & Today's Media." The George W. Bush Presidential Center has posted this video on YouTube.
Posted at 07:53 PM by Howard Bashman


"Justice Sotomayor bemoans lack of diverse backgrounds on top court": Eric Stirgus of The Atlanta Journal-Constitution has this report.

And Kate Brumback of The Associated Press reports that "Sotomayor urges citizens to be active in lawmaking process."
Posted at 07:48 PM by Howard Bashman



"Justice Ruth Bader Ginsburg Speaks at NYU Law School": Alex Domb of Washington Square News has this report.
Posted at 07:18 PM by Howard Bashman


"Supreme Court chief justice says system to deal with judge misconduct is 'outmoded, slow and opaque'; Richard Wagner took advantage of the presence of Justin Trudeau and the federal justice minister to point out shortcomings in the existing process": The Canadian Press has this report.
Posted at 10:45 AM by Howard Bashman


"Ruth Bader Ginsburg's Grandfather Read The Forward In Yiddish. Pretty Cool." Jane Eisner has this essay online at The Forward.
Posted at 10:32 AM by Howard Bashman


"Citizens United Unleashed: A new ruling draws on the conservative First Amendment precedent to potentially re-enfranchise thousands of Floridians." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:28 AM by Howard Bashman


Monday, February 5, 2018

"The case of the bad egg: 3rd Circuit revives $111 million antitrust suit." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 10:50 PM by Howard Bashman


"Trump's Male-Dominated Appointments Close the Door for Women": Leah Litman and Helen Marie Berg have this post at the "Take Care" blog.
Posted at 10:45 PM by Howard Bashman


"Democrats and FBI Abuses: In the 1970s, progressives stood up for civil liberties; Today they've reverted to the J. Edgar Hoover era." David J. Garrow will have this op-ed in Tuesday's edition of The Wall Street Journal.
Posted at 10:42 PM by Howard Bashman


"Trump's Lawyers Want Him to Refuse an Interview in Russia Inquiry": Michael S. Schmidt and Maggie Haberman of The New York Times have an article that begins, "Lawyers for President Trump have advised him against sitting down for a wide-ranging interview with the special counsel, Robert S. Mueller III, according to four people briefed on the matter, raising the specter of a monthslong court battle over whether the president must answer questions under oath."
Posted at 08:40 PM by Howard Bashman


"Partisanship in Pennsylvania isn't confined to its congressional map": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:35 PM by Howard Bashman


"Judiciary closes investigation of sexual misconduct allegations against retired Judge Alex Kozinski": Matt Zapotosky of The Washington Post has this report.

Joan Biskupic of CNN.com reports that "Judicial council takes no action against former Judge Alex Kozinski."

And Zoe Tillman of BuzzFeed News reports that "A Misconduct Investigation Into A Now-Retired Judge Accused Of Sexual Harassment Won't Go Forward."

You can access today's order of the Judicial Council of the Second Circuit at this link.
Posted at 08:14 PM by Howard Bashman



"Many Say He's the Least Qualified Lawyer Ever to Lead a Guantanamo Case. He Agrees." Dave Philipps of The New York Times has this report.
Posted at 07:56 PM by Howard Bashman


"Secretary of Defense fires Guantanamo war court overseer": Carol Rosenberg of The Miami Herald has an article that begins, "In a surprise move, Secretary of Defense Jim Mattis on Monday fired the top official overseeing the trials of the five men accused of plotting the 9/11 attacks and other alleged war criminals held at Guantanamo."
Posted at 05:00 PM by Howard Bashman


"Fourth Circuit Judge Shedd Assumes Senior Status and Receives Order of the Palmetto": The U.S. Court of Appeals for the Fourth Circuit issued this news release today.
Posted at 01:48 PM by Howard Bashman


"How Congress Can Protect Mueller": Law professor Eric Posner has this op-ed in today's edition of The New York Times.
Posted at 01:44 PM by Howard Bashman


"#MeToo Has Done What the Law Could Not": Law professor Catharine A. MacKinnon has this op-ed in today's edition of The New York Times.
Posted at 01:42 PM by Howard Bashman


"Abortion is a focus of early action in legislative sessions": Ryan J. Foley of The Associated Press has a report that begins, "Republicans who control a majority of the nation's statehouses are considering a wide range of abortion legislation that could test the government's legal ability to restrict a woman's right to terminate pregnancy."
Posted at 01:38 PM by Howard Bashman


"OT2017 #13: 'Poker Face.'" You can access today's new installment of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 01:30 PM by Howard Bashman


"Justices Won't Block Pennsylvania Gerrymandering Decision": Adam Liptak of The New York Times has this report.

Brent Kendall of The Wall Street Journal reports that "Supreme Court Denies Bid to Keep GOP-Friendly Districts in Pennsylvania; Democrats gain advantage after court declines to stay state court decision that Pennsylvania's districts were unlawfully gerrymandered."

Jonathan Lai and Liz Navratil of The Philadelphia Inquirer report that "SCOTUS denies GOP lawmakers' attempt to delay drawing new congressional map."

Mark Scolforo and Mark Sherman of The Associated Press report that "In blow to GOP, Supreme Court won't block PA redistricting."

Joseph Ax of Reuters reports that "U.S. Supreme Court allows revamp of Pennsylvania electoral map."

Greg Stohr of Bloomberg News reports that "Supreme Court Justice Allows New Pennsylvania Congressional Voting Map."

Chris Geidner of BuzzFeed News reports that "Supreme Court Won't Stop Pennsylvania Court Order Requiring New Congressional Map For 2018."

And at his "Election Law Blog," Rick Hasen has a post titled "Justice Alito Denies Emergency Stay in Pa. Congressional Districting Case."
Posted at 01:22 PM by Howard Bashman



"Justice Antonin Scalia: Life and Legacy." This week in the Philadelphia area, everyone is looking forward to the parade to celebrate the 2018 Super Bowl Champion Philadelphia Eagles.

But many of us are also looking forward to attending this Wednesday evening's National Constitution Center event featuring Edward Whelan (co-editor of the book "Scalia Speaks"), Richard Hasen (author of the forthcoming book "The Justice of Contradictions: Antonin Scalia and the Politics of Disruption," available for purchase March 20, 2018), Kannon Shanmugam, and Elizabeth Wydra. I am planning to attend in person; if you cannot, you can nevertheless view the event live, online via this link beginning at 6 p.m. eastern time on Wednesday, February 7, 2018.
Posted at 10:33 AM by Howard Bashman



In today's mail: I received an advance reader's copy of Jeffrey Rosen's new book, "William Howard Taft." The book is scheduled to go on sale on March 20, 2018.
Posted at 10:20 AM by Howard Bashman


"Boycott the Republican Party: If conservatives want to save the GOP from itself, they need to vote mindlessly and mechanically against its nominees." Jonathan Rauch and Benjamin Wittes have this article in the March 2018 issue of The Atlantic.
Posted at 10:18 AM by Howard Bashman


"Republicans Fighting to Protect Gerrymandering in Pennsylvania Have an Ethics Problem; It could complicate their conflict-of-interest challenge": Pema Levy of Mother Jones has this report.
Posted at 10:12 AM by Howard Bashman


Sunday, February 4, 2018

"High Court Rules Against Man Who Secretly Recorded Women": Edmund H. Mahony of The Hartford Courant has an article that begins, "The state Supreme Court on Wednesday ruled against a man from Wilton who claimed that vague language in state voyeurism law should prevent him from being prosecuted for making secret video recordings -- at least one involving sexual activity -- of three different women."

You can access Wednesday's ruling of the Supreme Court of Connecticut at this link.
Posted at 10:00 PM by Howard Bashman



"Opponents of gerrymandering keep winning, but it might not affect 2018": Robert Barnes of The Washington Post has this report.
Posted at 06:15 PM by Howard Bashman


"The 'Slave Power' Behind Florida's Felon Disenfranchisement; Laws barring the formerly incarcerated from voting have no business marring politics in a 21st century democracy": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 01:30 PM by Howard Bashman


"State Supreme Court ruling will help juveniles facing trial as adults": Bob Egelko of The San Francisco Chronicle has an article that begins, "In a victory for youngsters charged with crimes, the state Supreme Court ruled Thursday that a November 2016 ballot measure, which limited prosecutors' authority to charge juveniles as adults, applied to all cases that were not yet final when the measure passed."

You can access Thursday's ruling of the Supreme Court of California at this link.
Posted at 01:18 PM by Howard Bashman



"Judge lands Nevada Supreme Court seat after no one else files": Jane Ann Morrison of The Las Vegas Review-Journal has this report.
Posted at 01:11 PM by Howard Bashman


"Pennsylvania Congressional Map Faces Supreme Court Call; With the Pennsylvania primary vote only about three months away, candidates and voters still don't know what their districts will look like": Brent Kendall and Scott Calvert of The Wall Street Journal have this report.
Posted at 12:48 PM by Howard Bashman


Saturday, February 3, 2018

"Immigration: Whose Call Is It Anyway? As the courts grapple with radical shifts in immigration policy, a look at the cases underlying the conversation about the rights of refugees, immigrants, Dreamers, and visitors." Slate has posted online this new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 08:14 PM by Howard Bashman


"Supreme Court judge resigned after ethics complaint; sexual comments emerge": Todd Cooper and Joe Duggan of The Omaha World-Herald have an article that begins, "Nebraska Supreme Court Judge Max Kelch's abrupt resignation last month came in the face of an ethics investigation, two officials told The World-Herald. The officials wouldn't discuss details, but one said the allegations against Kelch are in line with the national #metoo movement that has resulted in resignations of actors, politicians, business executives and judges over questions of sexual misconduct."
Posted at 07:56 PM by Howard Bashman


"Supreme Court hears challenge of 'no-nipples' law": Shawne K. Wickham of The New Hampshire Union Leader has this report.

Michael Casey of The Associated Press has a report headlined "Topless beachgoers: Ban is unconstitutional, discriminatory."

Annie Ropeik of New Hampshire Public Radio reports that "'Free the Nipple' Arguments At State Supreme Court Pit Discrimination Against Public Safety."

And Barbara Leonard of Courthouse News Service reports that "Bare-Chested Beach Case Goes to New Hampshire's Top Court."
Posted at 01:57 PM by Howard Bashman



"Iowa Supreme Court rules explicit text picture is not indecent exposure": Dar Danielson of Radio Iowa has this report.

And David Pitt of The Associated Press has a report headlined "Iowa court: offensive text photos aren't indecent exposure."

You can access yesterday's ruling of the all-male Supreme Court of Iowa at this link. The case was orally argued in September 2017, and the oral argument video is available on YouTube via this link.
Posted at 01:42 PM by Howard Bashman



"9th Circ. Says Crossing Dolphins Are Nature, Not Copyright": RJ Vogt of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 10:22 AM by Howard Bashman


"7th Circ. Affirms Starbucks' Win Over Finger Amputation": Lauraann Wood of Law360.com has an article (subscription required for full access) that begins, "The Seventh Circuit on Friday upheld Starbucks Corp.'s quick win in a case accusing the company of negligence after a child's in-store finger injury required same-day amputation, agreeing with the lower court that the Chicago shop didn't owe the child a legal duty since he was under his parents' supervision."

You can access yesterday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:18 AM by Howard Bashman



Friday, February 2, 2018

"Federal Court Says Banks Don't Have to Honor Charge Back if You've Paid Off Your Balance": Gary Leff has this post at his blog, "View from the Wing."

My earlier coverage of last Friday's Tenth Circuit ruling can be accessed here.
Posted at 10:32 PM by Howard Bashman



"US Supreme Court Weighing 'Unprecedented' Request To Put Pennsylvania Redistricting Ruling On Hold": Chris Geidner of BuzzFeed News has this report.
Posted at 10:20 PM by Howard Bashman


"D.C. Circuit Review -- Reviewed: The Academy and PHH Corp." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:15 PM by Howard Bashman


"The Eminent Libertarians Who Might Save Public Sector Unions": Rachel M. Cohen has this report online at The Intercept.

My only hope is that the next time a U.S. Supreme Court Justice mentions law professor William Baude at oral argument, the Justice pronounces Will's last name the same way that Will does (listen here for the proper pronunciation). Here's how Justice Neil M. Gorsuch pronounced Will's last name last time.
Posted at 04:44 PM by Howard Bashman



"Pa. Supreme Court justice was biased in gerrymandering case, Republicans say": Jonathan Lai of The Philadelphia Inquirer has this report.
Posted at 04:28 PM by Howard Bashman


"Activists Try to Recall Judge in Stanford Sex Attack Case. Some Say They've Gone Too Far." Jose A. Del Real of The New York Times has this report.
Posted at 01:25 PM by Howard Bashman


"'I will be there': Ruth Bader Ginsburg says she has no plans to retire." Michelle Boorstein of The Washington Post has this report.

Amir Tibon of Haaretz reports that "At D.C. Synagogue, Ruth Bader Ginsburg Says She'll Continue to Serve With 'Full Steam Ahead'; Ginsburg says the U.S. should pass the Equal Rights Amendment to enshrine equality between men and women in the Constitution."

Nathan Guttman of The Forward reports that "Ruth Bader Ginsburg Is Staying On The Bench, As Long As She Has 'Full Steam.'"

Edward-Isaac Dovere of Politico.com has a report headlined "Ginsburg: Independent judiciary 'our nation's hallmark and pride.'"

And Ron Kampeas of the Jewish Telegraphic Agency reports that "Ruth Bader Ginsburg says she will serve as long as she has 'steam.'"

You can view the video of last night's event via this link.
Posted at 11:38 AM by Howard Bashman



"Is the Federal Judiciary Independent of Congress?" Law professor Evan C. Zoldan has posted this essay online at SSRN (via "Legal Theory Blog").
Posted at 11:06 AM by Howard Bashman


Thursday, February 1, 2018

"9th Circ. Sends Walmart Drug-Test Row Back To Fed. Court": Cara Bayles of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:09 PM by Howard Bashman


"Court overturns order on FBI surveillance of Northern California Muslims": Bob Egelko of The San Francisco Chronicle has this report.

And Nicholas Iovino of Courthouse News Service reports that "FBI Can Keep Muslim Spy Files Under Wraps, 9th Circuit Rules."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:03 PM by Howard Bashman



"Reality Winner, accused NSA leaker, loses appeals for pretrial release": Andrew Blake of The Washington Times has this report on a per curiam ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:46 PM by Howard Bashman


"Ruling rejects Austin's old fundraising window. What about the new one?" Elizabeth Findell of The Austin American-Statesman has an article that begins, "Former City Council Member Don Zimmerman's mixed victory in his fight against Austin campaign finance rules will stand, an appeals court ruled Thursday."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:38 PM by Howard Bashman



"Appeals Court: ISPs Don't Get Copyright Shield Without Enforcement of Meaningful Repeat Infringer Policy; The 4th Circuit issues a huge piracy ruling and wipes out a $25 million verdict against Cox Communications because of erroneous jury instruction." Eriq Gardner has this post at the "THR, Esq." blog of The Hollywood Reporter.

And Wendy Davis of Digital News Daily reports that "Court Reverses $25 Million Copyright Verdict Against Cox Communications."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:26 PM by Howard Bashman



"Ohio Death-Row Inmates Lose Bid to Halt Executions": Matt Reynolds of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:18 PM by Howard Bashman


"Illinois Supreme Court finds state gun ban near parks unconstitutional": Steve Schmadeke of The Chicago Tribune has this report.

And Michael Tarm of The Associated Press reports that "Illinois high court says gun ban near parks unconstitutional."

You can access today's ruling of the Supreme Court of Illinois at this link.
Posted at 10:06 PM by Howard Bashman



"Want of jurisdiction saves Willie Gary firm from explosive malpractice suit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post about an unpublished, per curiam ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 09:40 PM by Howard Bashman


"Louisiana doesn't have to keep heat index below 88 degrees on Angola's death row, court says": Joe Gyan Jr. of The Advocate of Baton Rouge, Louisiana has this report.

And Michael Kunzelman of The Associated Press reports that "Court overturns heat-index limit on Louisiana's death row."

You can access yesterday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:20 PM by Howard Bashman



"Case Appealed to U.S. Supreme Court Asks If All 50 States Must Comply with U.S. Constitution's Excessive Fines Clause; Indiana Supreme Court Ruled It May Impose Excessive Fines in Forfeiture Cases Until the U.S. Supreme Court Says It Can't": John Kramer of the Institute for Justice issued this news release today.
Posted at 09:08 PM by Howard Bashman


"Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again; Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects": Damon Root has this post at Reason.com's "Hit & Run" blog.
Posted at 09:03 PM by Howard Bashman


"Getting their dues: Will the Supreme Court deal a blow to trade unions? The court will consider whether unions can require non-member workers to help pay for collective bargaining." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 04:02 PM by Howard Bashman


"Redistricting Cases Won't Dictate Outcome of Midterms": Kimberly Robinson of Bloomberg Law has this report.
Posted at 11:11 AM by Howard Bashman


"Academic highlight: The debate over nationwide injunctions." Amanda Frost has this post at "SCOTUSblog."
Posted at 11:04 AM by Howard Bashman


"The Chief Justice, Searching for Middle Ground": Linda Greenhouse has this essay online at The New York Times.
Posted at 11:02 AM by Howard Bashman


"After legal setbacks, Trump administration races to Supreme Court": Andrew Chung of Reuters has this report.
Posted at 10:54 AM by Howard Bashman






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