How Appealing

Thursday, April 27, 2017

"Trump's Losing Streak in Courts Is Traceable to Conservative Judges": Adam Liptak of The New York Times has this news analysis.
Posted at 10:54 PM by Howard Bashman

"Employee's pay based on past salary OKd by court": Bob Egelko of The San Francisco Chronicle has an article that begins, "An employer can pay a woman less than a man for the same work if the man was paid more at his previous job and if the employer had a reasonable policy to justify reliance on past salaries, a federal appeals court ruled Thursday."

And Sudhin Thanawala of The Associated Press has a report headlined "Court: Employers can pay women less based on past salaries."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:50 PM by Howard Bashman

A criminal defendant's lawyer missed attending seven minutes of a 31-hour trial, resulting in a 281-page ruling of the en banc Eleventh Circuit: That's more than 40 pages of opinion per minute that defense counsel was absent. You can access the entire ruling at this link.
Posted at 10:22 PM by Howard Bashman

"Alabama judge remands mesothelioma death case involving TVA nuclear plant": Lucy Berry of has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday. Chief Judge Ed Carnes wrote the opinion.
Posted at 10:16 PM by Howard Bashman

"Abbott & Costello head to Supreme Court over 'Who's On First'": Anthony G. Attrino of has this report.
Posted at 08:05 PM by Howard Bashman

"Austin Abortion Clinic Reopens After Supreme Court Ruling. Will Any More Follow? Whole Woman's Health is accepting appointments in Austin this week while about two dozen other clinics remain closed in the wake of HB 2." Sophie Novack of The Texas Observer has this report.
Posted at 08:02 PM by Howard Bashman

"Panel: Probable cause that R.I. Supreme Court justice Flaherty violated ethics code." Katie Mulvaney of The Providence Journal has this report.
Posted at 07:58 PM by Howard Bashman

"For Arkansas Community, an Execution Is 'the One We're Waiting On'": Alan Blinder and Manny Fernandez of The New York Times have this report.
Posted at 07:28 PM by Howard Bashman

"'Blurred Lines' Appeal Brief Says Artists Can't Copyright a Groove": Ashley Cullins has this post at the "THR, Esq." blog of The Hollywood Reporter.
Posted at 07:22 PM by Howard Bashman

"Roy Moore will seek U.S. Senate seat": Brian Lyman has this front page article in today's edition of The Montgomery Advertiser.

Mike Cason of reports that "Roy Moore running for Senate, resigns from Supreme Court to challenge Luther Strange."

And The Associated Press reports that "Suspended Alabama Chief Justice Moore running for US Senate."
Posted at 07:04 PM by Howard Bashman

"Difficult legal path forward for Trump in sanctuary cities case": Mica Rosenberg and Dan Levine of Reuters have this report.
Posted at 06:58 PM by Howard Bashman

"Has the 9th Circuit gone 'bananas'? And can Trump break it up?" Maura Dolan of The Los Angeles Times has this report. And David G. Savage of The Los Angeles Times has a news analysis headlined "How some of the Supreme Court's conservative opinions may lead to a liberal victory on sanctuary cities."

Michael Doyle of McClatchyDC has a report headlined "With a cudgel and some code words, Trump goes after the judges who displease him."

And online at The Hill, law professor Jonathan Turley has an essay titled "There are good reasons to split the 9th Circuit, but Trump's reason isn't one."
Posted at 06:45 PM by Howard Bashman

"The Roberts Court, 2017 Edition": Linda Greenhouse has this essay online today at The New York Times.
Posted at 03:34 PM by Howard Bashman

Wednesday, April 26, 2017

Programming note: On Thursday morning, I will be arguing an appeal on behalf of the plaintiffs-appellants before a three-judge panel of the U.S. Court of Appeals for the Third Circuit. As a result, additional posts will not appear here until Thursday afternoon.

As always while I am away from the computer, more frequent appellate-related retweets will appear on this blog's Twitter feed.
Posted at 09:40 PM by Howard Bashman

"Justices hear dispute over lower-cost biotech drugs sales": Sam Hananel of The Associated Press has this report.

And Andrew Chung of Reuters reports that "U.S. top court grapples over making copycat biologics available sooner."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Sandoz Inc. v. Amgen Inc., No. 15-1039.
Posted at 09:16 PM by Howard Bashman

"Justices Alarmed by Government's Hard-Line Stance in Citizenship Case": Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that "Supreme Court fears giving government too much power to revoke naturalization."

Jess Bravin of The Wall Street Journal reports that "Justices Challenge Government Position on Stripping Citizenship for Immigrants Over Small Lies; Justice Department lawyer argued that any false statement on naturalization form, even about one's weight, could cost an individual his citizenship."

Richard Wolf of USA Today has an article headlined "Lose citizenship for fibbing? Supreme Court justices fume."

Mark Sherman of The Associated Press reports that "Justices seem to favor limits on revoking US citizenship."

And Lawrence Hurley of Reuters reports that "U.S. chief justice alarmed at Trump administration immigration case stance."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Maslenjak v. United States, No. 16-309.
Posted at 09:04 PM by Howard Bashman

"Democrats recycle Gorsuch questions for Thapar; Appeals court nominee refuses to take Democrats' bait on Trump's earlier bashing judges": Alex Swoyer of The Washington Times has this report.

And Jennifer Bendery of HuffPost reports that "Donald Trump's First Lower Court Nominee Is Fine With The President Trashing Judges; 'It doesn't matter to us,' Judge Amul Thapar tells senators."
Posted at 08:50 PM by Howard Bashman

"Between Trump and his Justice Department lawyers, a vast disconnect": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Trump's Eagerness for a Win Hurts Him in Court."
Posted at 08:30 PM by Howard Bashman

"Defiant Trump Vows to Take Immigration Case to Supreme Court": Peter Baker of The New York Times has an article that begins, "President Trump vowed on Wednesday to challenge California jurisdictions all the way to the Supreme Court after a federal judge there stopped him from withholding funds to penalize them for shielding illegal immigrants."
Posted at 08:25 PM by Howard Bashman

"First Trump lower-court nominee coasts through Senate hearing; Kentucky federal judge Amul Thapar is up for promotion to the 6th Circuit": Josh Gerstein of has this report.

Via the web site of the U.S. Senate Judiciary Committee, you can access the video of today's confirmation hearing.
Posted at 03:12 PM by Howard Bashman

Sixth Circuit Judge Jeffrey S. Sutton and Ohio Supreme Court Justice Judith L. French discuss "Interpreting State Constitutions": On Friday, March 31, 2017, the Inaugural Ohio Chapters Conference of The Federalist Society took place in Columbus, Ohio,

You can view the video of the session described in the title of this post on YouTube via this link.
Posted at 10:16 AM by Howard Bashman

"How Trump Alienated the Judiciary: A ruling against his executive order on sanctuary cities is the latest rebuke dealt to the president by a federal judge." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:10 AM by Howard Bashman

"Texas Moves Toward Abolishing Wrongful Birth Suits": Law professor Sherry F. Colb has this essay online at Justia's Verdict.
Posted at 10:08 AM by Howard Bashman

"US Supreme Court takes narrow view on tribal immunity": Agence France-Presse has this report.

Barbara Leonard of Courthouse News Service reports that "High Court Kills Tribal Immunity for Casino Employees."

And at, Daniel Fisher has a post titled "Supreme Court Refuses To Extend Tribal Immunity To Casino Limo Driver."

You can access yesterday's ruling of the U.S. Supreme Court in Lewis v. Clarke, No. 15-1500, at this link.
Posted at 10:03 AM by Howard Bashman

"Justices May Take Another Look at Forced Union Fees": Chris Opfer of Bloomberg BNA has this report.
Posted at 09:57 AM by Howard Bashman

Tuesday, April 25, 2017

"The White House also hopes to announce at least 10 judges in the next two weeks, according to people familiar with the deliberations." According to Josh Dawsey and Josh Gerstein of, in an article headlined "Trump administration moving to replace fired U.S. attorneys; More than a month after firing almost all of the Obama-appointed prosecutors, the White House expects to announce picks in the next three weeks."
Posted at 10:25 PM by Howard Bashman

"U.S. appeals court to reconsider Ohio execution protocol": Jonathan Stempel of Reuters has this report.

And The Associated Press reports that "Appeals court agrees to rehear Ohio lethal injection case."

You can access today's order of the U.S. Court of Appeals for the Sixth Circuit granting rehearing en banc at this link.

My earlier coverage of the now-vacated divided original three-judge panel's ruling in this case can be accessed here.
Posted at 10:12 PM by Howard Bashman

"Federal Appeals Court: After 11 Years, There's No More Reason For Big Tobacco To Delay Warning Ads." At Consumerist, Chris Morran has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 09:56 PM by Howard Bashman

"Court removes obstacle to releasing wolves in New Mexico": Dan Elliott of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 09:48 PM by Howard Bashman

"Misdemeanor conviction upheld against Mobile County Revenue Commissioner Kim Hastie": Lawrence Specker of has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 09:44 PM by Howard Bashman

"Trump Lawyers Get Creative With First Amendment": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:37 PM by Howard Bashman

"La Grande native was on hand to witness ceremony; Chris Mammen became friends with Neil Gorsuch at Oxford University": Josh Benham of The La Grande (Ore.) Observer has this report.
Posted at 08:33 PM by Howard Bashman

"With Executions in Balance, Supreme Court Grapples Over Role of Experts": Adam Liptak has this article in today's edition of The New York Times.

And in today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to decide whether defendants are entitled to a mental-health expert on their side."
Posted at 08:30 PM by Howard Bashman

In the May 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined "Racially discriminating statements in jury rooms are subject to scrutiny."

Lorelei Laird has an article headlined "Controversial Supreme Court decision lands on the big screen."

Victor Li has an article headlined "The 14th: A Civil War-era amendment has become a mini-Constitution for modern times."

David L. Hudson Jr. has an article headlined "Public Employees, Private Speech: 1st Amendment doesn't always protect government workers."

And G.M. Filisko has an article headlined "Gun War: Congress has been silent on guns, but states haven't, so change is on the horizon."
Posted at 08:20 PM by Howard Bashman

"WV Supreme Court hears arguments in hate-crime case": Erin Beck of The Charleston (W. Va.) Gazette-Mail has this report.

Shauna Johnson of West Virginia MetroNews reports that "Hate crime charges against former Marshall football player now a question for state Supreme Court."

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled "Sex and Hate in the Mountain State: The West Virginia Supreme Court debates whether an anti-gay hate crime is really a hate crime."
Posted at 08:00 PM by Howard Bashman

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