How Appealing


Tuesday, January 17, 2017

Programming note: The 2017 Appellate Judges Education Institute Summit will take place in Long Beach, California in November 2017. And tomorrow evening and Thursday morning, the AJEI's Education Committee will meet in Long Beach to plan the substance of this year's Summit. As a result, I will be spending much of tomorrow in transit to California.

The U.S. Supreme Court is expected to issue one or more opinions in argued cases tomorrow at 10 a.m. eastern time. Once the Court posts any opinions online, you can access them via this link.

And tomorrow afternoon, via this link, you will be able to access the transcripts of the cases that are being orally argued tomorrow morning at the U.S. Supreme Court.

As always while I am traveling, more frequent appellate-related retweets will appear on this blog's Twitter feed, which I hope you will choose to follow if you haven't already done so.
Posted at 08:04 PM by Howard Bashman




"Liberal U.S. justices hit debt collector's business practices": Lawrence Hurley of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Midland Funding, LLC v. Johnson, No. 16-348.
Posted at 07:54 PM by Howard Bashman




"Did U.S. Supreme Court just boost hopes for N.J. sports betting?" Brent Johnson of NJ.com has this report.

Andrew Chung of Reuters reports that "U.S. top court asks Trump team for New Jersey sports betting views."

And David Porter of The Associated Press reports that "Supreme Court delays New Jersey sports betting decision."
Posted at 07:44 PM by Howard Bashman




"'Bad Hombres' Loom Over Supreme Court": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 07:21 PM by Howard Bashman




"Supreme Court case sets the stage for future officials' accountability": Abigail Hauslohner and Ann E. Marimow of The Washington Post have this report.
Posted at 02:24 PM by Howard Bashman




"The Case For Chuck Cooper As Solicitor General": David Lat has this post at "Above the Law."
Posted at 01:54 PM by Howard Bashman




"The laundry policy at the Cole County Detention Center leaves pretrial detainees naked, with only a bed sheet and a blanket for cover, every four nights for women and every two-to-three nights for men." So begins a decision that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 01:40 PM by Howard Bashman




"Supreme Court hears case over deportations": The Associated Press has this report.

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lynch v. Dimaya, No. 15-1498.
Posted at 12:45 PM by Howard Bashman




"D.C. Circuit Review -- Reviewed: 'It's Like the D.C. Circuit is Actively Trying to Undermine Your Column.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:42 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, but the Court did call for the views of the Solicitor General's office in one case -- the New Jersey sports betting case.
Posted at 09:32 AM by Howard Bashman




Monday, January 16, 2017

"U.S. Supreme Court to hear Missouri case on state money for religious institutions": Celeste Bott has this front page article in today's edition of The St. Louis Post-Dispatch.
Posted at 09:47 PM by Howard Bashman




"Rock band 'The Slants' takes on Supreme Court": Richard Wolf of USA Today has this report.

Michael Doyle of McClatchyDC has an article headlined "So 'Redskins' isn't the only racially disparaging name seeking U.S. protection."

Matthew Singer of Willamette Week reports that "Portland Band the Slants Take Their Trademark Case to the Supreme Court This Week; The Portland band's nearly six-year battle to trademark its name reaches its apex on Wednesday."

Online at USA Today, Tony Mauro has an essay titled "Free The Slants to trademark 'offensive' name: Asian-American band wants to own 'the language of oppression'; The Supreme Court should let it."

And at her "In a Crowded Theater" blog, Erica Goldberg has a post titled "Lee v. Tam: Offensive Trademarks at the Supreme Court (A Series) -- Part Five: The Final Pre-Argument Analysis."
Posted at 09:42 PM by Howard Bashman




"Trump's team already trying to break Senate Supreme Court filibuster": Tom LoBianco of CNN.com has this report.
Posted at 09:20 PM by Howard Bashman




"The Most Important Cases Already Argued This Term in SCOTUS": Adam Feldman has this post today at his "Empirical SCOTUS" blog.
Posted at 09:07 PM by Howard Bashman




"Cuomo appoints Rowan Wilson to top state court, making him second African-American there": Glenn Blain of The New York Daily News has this report.

Kirstan Conley of The New York Post reports that "Second African American judge nominated for Court of Appeals."

And Colby Hamilton of Politico.com reports that "Cuomo taps private litigator Rowan Wilson for high court."

Currently, the appointee serves as a partner at the law firm of Cravath, Swaine & Moore.
Posted at 04:42 PM by Howard Bashman




"OT2016 #11: 'Close to Using a Swear.'" You can access the new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 11:00 AM by Howard Bashman




"Will Asian American band's First Amendment argument resonate with Supreme Court?" Robert Barnes has this front page article in today's edition of The Washington Post.

And Sam Hananel of The Associated Press has a report headlined "Free speech clash: Justices considering offensive trademarks."
Posted at 10:55 AM by Howard Bashman




"In Texas, a Test of Whether the Voting Rights Act Still Has Teeth": Manny Fernandez has this article in today's edition of The New York Times.
Posted at 10:50 AM by Howard Bashman




Sunday, January 15, 2017

"Age Is Just a Number. Age Discrimination Is Trickier." Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 04:50 PM by Howard Bashman




Talk about Supreme Court vacancies: Press Trust of India reports that "Eight judges short, Supreme Court has 60,938 cases pending."
Posted at 01:20 PM by Howard Bashman




"How Cruz and Trump learned to like each other: Ted Cruz was once one of Donald Trump's most vocal critics; Now he's one of the president-elect's most important Senate allies." Eliana Johnson of Politico.com has this report.
Posted at 01:09 PM by Howard Bashman




"From South Dakota to the Supreme Court": Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota has this profile of Jim Ligtenberg.
Posted at 01:00 PM by Howard Bashman




"Supreme Court Update: President-Elect Trump Has Started Interviewing SCOTUS Candidates." David Lat has this post today at "Above the Law."
Posted at 12:50 PM by Howard Bashman




"Pro-Life Republicans, Stronger Now Than Ever": Ramesh Ponnuru has this essay online at Bloomberg View.
Posted at 12:45 PM by Howard Bashman




Saturday, January 14, 2017

"The untold story of how Antonin Scalia's 'gift to Canada' shaped our spy services; As Donald Trump mulls a Supreme Court successor to the conservative firebrand judge, Sean Fine examines how a young, decidedly evenhanded Scalia helped the Canadian government in the 1970s to get a grip on domestic spy agencies that had begun to spin out of control": Sean Fine has this article in today's edition of The Toronto Globe and Mail.
Posted at 08:40 PM by Howard Bashman




"The Latest In The Solicitor General Sweepstakes": David Lat has this post at "Above the Law."
Posted at 08:35 PM by Howard Bashman




In Bashman news from Queens: QNS.com has a report headlined "Thieves in Flushing bash man with crowbar, steal bag containing $15,000 in cash: cops."
Posted at 03:11 PM by Howard Bashman




"Justices Will Hear Challenges to Mandatory Employee Arbitration": 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 to examine workers' rights to file class-action suits."

Brent Kendall and Jess Bravin of The Wall Street Journal report that "Supreme Court to Decide Whether Employers Can Prohibit Groups of Workers From Suing; Justices also take up case on time limits for the SEC to require firms, individuals to 'disgorge' ill-gotten gains." And Kendall also reports that "Supreme Court to Weigh How Soon Firms Can Sell Copycat Biotech Drugs; High court to referee dispute between Novartis, Amgen over biosimilar."

Bob Egelko of The San Francisco Chronicle reports that "Supreme Court to consider CalPERS case against Lehman Bros."

Bob McGovern and Jordan Graham of The Boston Herald report that "Supreme Court takes Mass. case on open court."

Greg Stohr of Bloomberg News reports that "SEC's Power to Recoup Illegal Profits Draws High Court Scrutiny" and "Lehman Case Gets Review as Top Court Considers Suit Deadlines." And Susan Decker of Bloomberg News reports that "Amgen Fight Over Copies of Biotech Drugs Gets High Court Review."

Cristian Farias of The Huffington Post reports that "Supreme Court To Consider Lifting Class-Action Bar For Millions Of Workers; Existing federal labor law could free employees who now can't band together to sue their bosses."

And Jolie McCullough of The Texas Tribune reports that "Supreme Court to review Texas death penalty case; The U.S. Supreme Court said Friday it would review the legal complexities in a Texas death penalty case, where a man killed a 5-year-old and her grandmother."
Posted at 03:08 PM by Howard Bashman




"Supreme Court takes up suit over 2001 detention of Muslims": Mark Sherman of The Associated Press has this report.
Posted at 02:40 PM by Howard Bashman




Friday, January 13, 2017

Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review today in 13 new cases.

In early news coverage, The Associated Press reports that "Justices will weigh limits on worker rights to sue employers"; "Supreme Court to rule in immigrant's revoked US citizenship"; and "Justices will hear venture capitalist's appeal over SEC fine."

And Reuters reports that "Supreme Court to consider employee class action agreements"; "U.S. Supreme Court to weigh securities class action timing question"; "U.S. top court to weigh if SEC faces illegal profit-recovery deadline"; "U.S. top court to hear BNSF Railway out-of-state injury suit appeal"; "Supreme Court to mull where challenges to federal clean water rule can be heard"; "U.S. Supreme Court agrees to hear dispute over biologic drug sales"; and "U.S. Supreme Court to hear debt collection dispute."
Posted at 02:42 PM by Howard Bashman




"Potential nominee profile: Neil Gorsuch." Eric Citron has this post today at "SCOTUSblog."
Posted at 02:00 PM by Howard Bashman




"Ohio seeks drug reversing lethal injection process if needed": Andrew Welsh-Huggins of The Associated Press has this report.
Posted at 01:33 PM by Howard Bashman




"Time for Some Negotiation Theory: How the Democrats can play hardball with Trump's Supreme Court nominee." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 01:28 PM by Howard Bashman




Access the audio of this week's U.S. Supreme Court oral arguments: Via this link.
Posted at 01:14 PM by Howard Bashman




"Third Circuit will start posting oral argument video, but only for selected cases": Matthew Stiegler has this post today at his "CA3blog."

And today, the U.S. Court of Appeals for the Third Circuit issued a news release titled "U.S. Court of Appeals for the Third Circuit to Make Oral Argument Videos Available to the Public."

My earlier coverage of today's Third Circuit news can be accessed here.
Posted at 01:10 PM by Howard Bashman







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