How Appealing


Tuesday, June 27, 2017

"Gorsuch Joins Thomas as Supreme Court's New Conservative Anchor": Greg Stohr of Bloomberg News has this report.
Posted at 08:09 PM by Howard Bashman




"Supreme Court term ended much different than it began": Mark Sherman of The Associated Press has this report.
Posted at 08:06 PM by Howard Bashman




"Supreme Court's recent unity faces looming test": Lawrence Hurley of Reuters has this report.
Posted at 07:44 PM by Howard Bashman




"With 3 Words, Supreme Court Opens a World of Uncertainty for Refugees": Miriam Jordan of The New York Times has this report.
Posted at 07:42 PM by Howard Bashman




"That's a SCOTUS Wrap": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 07:40 PM by Howard Bashman




"Gorsuch is the new Scalia, just as Trump promised": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The Los Angeles Times.
Posted at 07:38 PM by Howard Bashman




"A Cautious Supreme Court Sets a Modern Record for Consensus": Adam Liptak of The New York Times has this report.
Posted at 07:35 PM by Howard Bashman




Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in five new cases. And Neil M. Gorsuch has been assigned as the Circuit Justice for the U.S. Court of Appeals for the Eighth Circuit.
Posted at 10:28 AM by Howard Bashman




"Minor league baseball players lose appeal over wages": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Monday.
Posted at 12:18 AM by Howard Bashman




Monday, June 26, 2017

"Justice Neil Gorsuch delivering as Trump's promised conservative": Ariane de Vogue of CNN.com has this report.
Posted at 11:30 PM by Howard Bashman




"Corporate Whistle-Blower Case Gets U.S. Supreme Court Scrutiny": Greg Stohr of Bloomberg News has this report.
Posted at 11:28 PM by Howard Bashman




"SEC wins latest round over how its judges are appointed": Sarah N. Lynch of Reuters has this report on an order affirming by an equally divided en banc court that the U.S. Court of Appeals for the D.C. Circuit issued today.

And at the "Notice & Comment" blog of the Yale Journal on Regulation, Aaron Nielson has a post titled "D.C. Circuit Review -- Reviewed: SEC ALJs = SCOTUS-Bound."
Posted at 11:17 PM by Howard Bashman




"SCOTUS Splits the Travel Ban Baby: The Supreme Court's ruling doesn't make much sense as a matter of law; That may be good for Donald Trump." Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Online at Bloomberg View, law professor Noah Feldman has an essay titled "Be Wary of a Compromise on Trump's Travel Ban; The Supreme Court agrees to hear the case in the fall, but looks to be wiggling its way out of a politically charged ruling."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Trump's Limited Travel Ban Victory: The Supreme Court granted review of the president's travel ban in October, but the Court clearly hopes -- and strongly hints -- that the case will be moot by then."
Posted at 11:02 PM by Howard Bashman




"A Sixth Circuit-Themed Primer on the Marks Doctrine, and an Endorsement of a Proposal to Overhaul Marks": Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Posted at 10:58 PM by Howard Bashman




Access today's rulings of the U.S. Supreme Court in argued cases: Justice Clarence Thomas delivered the opinion of the Court in Davila v. Davis, No. 16-6219. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

Justice Anthony M. Kennedy delivered the opinion of the Court in California Public Employees' Retirement System v. ANZ Securities, Inc., No. 16-373. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. You can access the oral argument via this link.

Chief Justice John G. Roberts, Jr. delivered the opinion of the Court (except as to a single footnote) in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. Justice Thomas issued an opinion concurring in part, in which Justice Neil M. Gorsuch joined. Justice Gorsuch issued an opinion concurring in part, in which Justice Thomas joined. Justice Breyer issued an opinion concurring in the judgment. And Justice Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

The Court issued a per curiam decision in Trump v. International Refugee Assistance Project, No. 16-1436. Justice Thomas dissented in part, joined by Justices Alito and Gorsuch. The case will be argued in the first oral argument session of October Term 2017.

The Court also issued a per curiam decision in Hernandez v. Mesa, No. 15-118. Justice Thomas issued a dissenting opinion. And Justice Breyer issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

Finally, the Court announced that the two remaining undecided argued cases, which were argued before Justice Gorsuch joined the Court, will be reargued next Term.
Posted at 10:04 AM by Howard Bashman




"Will Supreme Court retirement bring 'Kennedy Court' to an end?" Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.
Posted at 09:58 AM by Howard Bashman




Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases. And the Court sought the views of the Acting Solicitor General in four cases.

In Pavan v. Smith, No. 16-992, the Court issued a per curiam reversal of the judgment of the Supreme Court of Arkansas. Justice Neil M. Gorsuch issued a dissent, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined.

In Hicks v. United States, No. 16-7806, Justice Gorsuch concurred in the remand for further consideration in light of the position asserted by the Acting Solicitor General. And Chief Justice John G. Roberts, Jr. issued a dissent, in which Justice Thomas joined.

In Mathis v. Shulkin, No. 16-677, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari. And Justice Gorsuch issued a dissent from the denial of certiorari.

In Peruta v. California, No. 16-894, Justice Thomas issued a dissent, in which Justice Gorsuch joined, from the denial of certiorari.

Lastly, in Bay Point Properties, Inc. v. Mississippi Transp. Comm'n, No. 16-1077, Justice Gorsuch issued a dissent, in which Justice Thomas joined, from the denial of certiorari.

In early news coverage, Greg Stohr of Bloomberg News reports that "Religious Objections to Gay Marriage Get U.S. Supreme Court Hearing."

And The Associated Press reports that "Justices turn away appeal in Somali torture case."
Posted at 09:32 AM by Howard Bashman




Sunday, June 25, 2017

"How Does the Supreme Court Feel About Feelings? The travel ban and a Mississippi gay-rights case show how the law is divided over religious rights." Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:50 PM by Howard Bashman




"U.S. asks Supreme Court to take up Microsoft fight over email privacy": Jackie Wattles and Jose Pagliery of CNNMoney.com have this report.
Posted at 11:48 PM by Howard Bashman




"Kennedy stays quiet on whether he'll retire at end of Supreme Court term": Eliana Johnson of Politico.com has this report.

And at "Above the Law," David Lat has a post titled "No, Justice Anthony M. Kennedy Is Not Retiring Tomorrow; Based on this weekend's reunion of his law clerks, reports of AMK's retirement are greatly exaggerated."
Posted at 11:42 PM by Howard Bashman




Seventh Circuit reverses entry of summary judgment against federal pretrial detainee dismissing his claim based on res ipsa loquitur against the federal government for for injuries he sustained when he fell off a stool at a federal courthouse: You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:32 PM by Howard Bashman




"D.C. Circuit Review -- Reviewed: Things are Heating Up." Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 09:30 PM by Howard Bashman




"Justice Gorsuch: What We Know and What We Should Expect." Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 01:48 PM by Howard Bashman




"Anthony Kennedy retirement watch at a fever pitch": Ariane de Vogue of CNN.com has this report.
Posted at 10:40 AM by Howard Bashman




Greetings from San Francisco: Where this afternoon, I will be making my first visit to AT&T Park, to watch the San Francisco Giants host the New York Mets.

And where tomorrow at 9:15 a.m. pacific time, I will be taking a guided tour of the historic James R. Browning U.S. Courthouse -- headquarters of the U.S. Court of Appeals for the Ninth Circuit.

As always while I am on the road, additional appellate related retweets are likely to appear on this blog's Twitter feed.
Posted at 10:36 AM by Howard Bashman




Saturday, June 24, 2017

"Justices Side With Immigrant Who Got Bad Legal Advice": 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 gives second chance to man facing deportation because of bad lawyering."

Michael Collins of The Commercial Appeal of Memphis, Tennessee reports that "Supreme Court gives Memphis restaurant owner second chance in drug, deportation case."

Lawrence Hurley of Reuters reports that "U.S. top court sides with immigrant over faulty legal advice."

Mark Sherman of The Associated Press reports that "Supreme Court sides with immigrants over bad legal advice."

And Chris Geidner of BuzzFeed News reports that "Supreme Court Decides Cases Affecting Immigrants And Landowners' Rights."
Posted at 11:28 AM by Howard Bashman




"Supreme Court Rules Against Owner in Land-Use Case; The rejection of a Wisconsin family's argument concerning land on the St. Croix River strengthens environmental land-use rules": Jess Bravin of The Wall Street Journal has this report.

Bruce Vielmetti of The Milwaukee Journal Sentinel reports that "U.S. Supreme Court rules against Wisconsin cottage owners."

Kevin Giles of The Minneapolis Star Tribune reports that "High court denies Wisconsin family's argument in St. Croix River property case; The St. Croix River case pitted individual property rights against government regulation."

Greg Stohr of Bloomberg News reports that "Property Rights Curbed by Top U.S. Court in Development Case."

Sam Hananel of The Associated Press reports that "Justices side with government in property rights case."

Andrew Chung of Reuters reports that "Supreme Court limits rights of property owners."

And Amanda Reilly of Greenwire reports that "Supreme Court rules against landowners in waterfront fight."
Posted at 08:40 AM by Howard Bashman




"Big cases, retirement rumors as Supreme Court nears finish": Mark Sherman of The Associated Press has this report.
Posted at 08:27 AM by Howard Bashman




Friday, June 23, 2017

"Why Racially Offensive Trademarks Are Now Legally Protected": Law professor Jeannie Suk Gersen has this post online at The New Yorker.
Posted at 10:28 PM by Howard Bashman




"A 'view' from the courtroom: The metes and bounds of the term." Mark Walsh has this post at "SCOTUSblog."
Posted at 10:20 PM by Howard Bashman




"After 58 years of SCt journalism, 69 in the trade, retiring next wk after final opins & orders." So tweeted the incomparable Lyle Denniston this afternoon. Thanks, Lyle, for all of your amazing hard work and dedication. I hope you have an enjoyable and relaxing retirement. You most certainly will be missed!

Today at the "Constitution Daily" blog of the National Constitution Center, Lyle has a post titled "A court term ends, a career change begins."
Posted at 10:15 PM by Howard Bashman




"7th Circuit: Colts not required to renew season tickets." Olivia Covington of The Indiana Lawyer has this report on a ruling that Circuit Judge Richard A. Posner issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:12 PM by Howard Bashman




"Trump loses patience with his White House counsel; The president has taken out his frustration with the expanding Russia probe on lawyer Don McGahn, one of Trump's earliest campaign supporters": Nancy Cook and Josh Dawsey of Politico.com have this report.
Posted at 01:48 PM by Howard Bashman




"U.S. Can't Revoke Citizenship Over Minor Falsehoods, Supreme Court Rules": 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 sides with Serb who lied during naturalization process."

Richard Wolf of USA Today reports that "Supreme Court upbraids government in case of stripped citizenship."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Makes It Harder to Strip Immigrants of Citizenship; High court rejects position that any lie during naturalization process can cost individuals their citizenship."

Alex Swoyer of The Washington Times reports that "Supreme Court limits government's ability to strip citizenship."

Lawrence Hurley of Reuters reports that "Supreme Court sets higher bar for stripping citizenship."

Ariane de Vogue and Daniella Diaz of CNN.com report that "Supreme Court narrows grounds for revoking citizenship of naturalized citizens."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court makes citizenship-stripping tougher."

And in commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "A Win for Immigrants, and a Win for Liars: The Supreme Court's sympathy for refugees comes at a cost."
Posted at 01:14 PM by Howard Bashman




"Supreme Court Says It Will Issue Last Opinions of Term Monday": Greg Stohr of Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman







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