How Appealing

Tuesday, December 12, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Monday, December 11, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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