How Appealing



Thursday, November 21, 2013

“Appeals court at center of Senate fight is key to agenda; Democrats change Senate rules to get Obama’s judges confirmed to nation’s second most powerful court”: Richard Wolf of USA Today has this report.

Posted at 1:32 PM by Howard Bashman



“Landmark Senate Vote Limits Filibusters”: Jeremy W. Peters of The New York Times has this news update.

The Washington Post has a news update headlined “Reid, Democrats trigger ‘nuclear’ option; eliminate most filibusters on nominees.”

The Los Angeles Times has a news update headlined “Senate Democrats invoke ‘nuclear option’ on filibuster.”

Susan Davis and Richard Wolf of USA Today have a news update headlined “U.S. Senate goes ‘nuclear’ on filibuster rules; Senate Democrats pushed through a controversial rules change known as the ‘nuclear option.’

The Wall Street Journal has a news update headlined “Senate Adopts New Rules on Filibusters; Proposal Reduces Vote Total to 51 From 60 on Most Presidential Nominees.”

The Washington Times has a news update headlined “Democrats trigger ‘nuclear option’ to eliminate many filibusters.”

Politico.com reports that “Senate goes for ‘nuclear option.’

The Hill reports that “Senate votes to limit filibuster after Reid goes nuclear.”

TPM DC has reports headlined “Dems Make Historic Change To Filibuster Rules” and “GOP On Filibuster Change: This Is Really All About Obamacare.”

And Roll Call has a blog post titled “Democrats Go ‘Nuclear,’ Eliminate Filibusters on Most Nominees.”

You can access at this link the official roll call vote tally from earlier today to change the U.S. Senate‘s cloture rule.

Posted at 1:05 PM by Howard Bashman



By a vote of 5-to-4, the Supreme Court of Washington State rejects constitutional challenge to state law prohibiting firearms possession by someone released on bond after a judge has found probable cause to believe the person committed a serious offense: You can access today’s ruling of Washington State’s highest court at this link.

Posted at 11:48 AM by Howard Bashman



“Boston Lawyer Named New Supreme Court Legal Counsel”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

As the U.S. Supreme Court‘s own news release announcing the hiring yesterday explains, the new counsel’s name is Ethan V. Torrey. Because that sounds suspiciously similar to a case name, it only took four votes to accept his application to be hired.

Posted at 11:37 AM by Howard Bashman



“Judge Kozinski’s Personal Objection to Class-Action Settlement”: Ed Whelan has this post today at National Review Online’s “Bench Memos” blog.

Posted at 11:33 AM by Howard Bashman



“Udall, Wyden, Heinrich Urge Solicitor General to Set Record Straight on Misrepresentations to U.S. Supreme Court in Clapper v. Amnesty”: You can view the news release at this link, and the Senators’ letter to the Solicitor General can be accessed here.

Posted at 11:32 AM by Howard Bashman



“SCOTUSblog on camera: J. Harvie Wilkinson, III — Part one.” “SCOTUSblog” has today posted online this video, part one of an eight-part interview.

Posted at 11:25 AM by Howard Bashman



“Reid Sets in Motion Steps to Limit Use of Filibuster”: Jeremy W. Peters of The New York Times has this news update.

Reuters has a report headlined “Reid expected to have votes to lift Senate blocks to Obama nominees: aide.”

The Associated Press reports that “Senate debates Dems’ plan to curb filibusters.”

Politico.com reports that “Harry Reid barrels toward ‘nuclear option.’

Sahil Kapur of TPM DC has a report headlined “McConnell To Reid: If You Go Nuclear On Nominations, I’ll Go Nuclear On Everything When I’m Majority Leader.”

Alexander Bolton of The Hill reports that “Reid readies for nuclear option.”

And WSJ.com’s “Washington Wire” blog answers the question “What Is the Nuclear Option?

Posted at 11:15 AM by Howard Bashman



“Reid Blocks First G.O.P. Offer on Filibuster Reform, Leaves Nuclear Option on Table; Sen. John McCain’s proposal doesn’t go far enough for Majority Leader Harry Reid”: Alex Rogers has this post at Time magazine’s “Swampland” blog.

Politico.com reports that “Harry Reid may go ‘nuclear’ Thursday.”

Alexander Bolton of The Hill has a report headlined “Dems: Reid may go nuclear Thursday.”

And Sahil Kapur of TPM DC has a report headlined “Harry Reid May Nuke The Filibuster This Week: Dem Sources.”

Posted at 10:37 AM by Howard Bashman



“R.I. Supreme Court takes its proceedings to Central Falls High School for a day”: Katie Mulvaney has this article today in The Providence Journal.

Posted at 8:29 AM by Howard Bashman



“Senate Democrats threaten to change filibuster rules on a party-line vote”: The Washington Post has this report.

Bloomberg News reports that “Reid Seen Moving on Nominee-Rule Change as Soon as Today.”

The Associated Press reports that “Senate nears possible vote on curbing filibusters.”

Reuters reports that “Senate leader may seek rule change to reduce Republican power.”

Roll Call reports that “Black Caucus Sees Race as Factor in Filibusters, Eyes Rules Change.”

At the “Constitution Daily” blog of the National Constitution Center, Scott Bomboy has a post titled “Looking at Harry Reid’s statement about filibusters and the Constitution.”

And online at Politico Magazine, law professor William Yeomans has an essay titled “Nuke ‘Em, Harry: Why Democrats Should Kill the Filibuster.”

Posted at 8:07 AM by Howard Bashman



Wednesday, November 20, 2013

“US court: Coast Guard boater rescues not required.” The Associated Press has a report that begins, “A federal appeals court on Wednesday rejected a North Carolina widow’s lawsuit blaming the Coast Guard for failing to save her husband’s life, saying the agency does not have a legal obligation to launch life-saving rescues.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 10:37 PM by Howard Bashman



“Warrantless Surveillance Continues to Cause Fallout”: Charlie Savage will have this article in Thursday’s edition of The New York Times.

Posted at 10:32 PM by Howard Bashman



“Senate Democrats Poised to Block Filibusters of Presidential Picks”: Jeremy W. Peters will have this article in Thursday’s edition of The New York Times. In addition, columnist Gail Collins will have an op-ed titled “The Public Needs a Nap” that begins, “One of the many problems with the Senate filibuster rule is that it requires us to think about the Senate filibuster rule.”

And Thursday’s edition of The Wall Street Journal will contain an article headlined “Democrats Expected to Curb Filibuster Rules Soon.” You can freely access the full text of the article via Google.

Posted at 9:28 PM by Howard Bashman



“Why D.C. Circuit, at Center of Nominee Fight, Is So Important; Court’s Location in Capital Means It Serves as Crucible for Regulatory State; Status Second Only to Supreme Court”: Jess Bravin will have this article in Thursday’s edition of The Wall Street Journal.

Posted at 8:54 PM by Howard Bashman



“Free Speech Advocates File Brief Supporting ‘The Dirty’ Defamation Appeal; EFF: Appeals Court Must Uphold Immunity for Websites That Host Third-Party Content.” The Electronic Frontier Foundation issued this news release today. You can access the amicus brief at this link.

Posted at 8:32 PM by Howard Bashman



“Is the judicial confirmation impasse impacting American justice?” This segment appeared on yesterday evening’s broadcast of The PBS NewsHour.

Jennifer Bendery of The Huffington Post reports that “AGs Reject Chuck Grassley Effort To Shrink D.C. Circuit Court.”

And this evening’s broadcast of NPR’s “All Things Considered” contained audio segments titled “With Nominees Stalled, Democrats Reprise Filibuster Threat” and “Sen. Harkin On Filibuster: ‘We’ve Got To Change These Rules.’

Posted at 8:25 PM by Howard Bashman



“Alabama killer case: When a jury says ‘life’ and a judge says ‘death.'” Michael McGough has this essay online at The Los Angeles Times.

Posted at 8:10 PM by Howard Bashman



“A Secret Court Judge Warned The NSA It Was Close To Breaking The Law — Then Gave It More Power”: Matt Sledge of The Huffington Post has this report.

Posted at 6:15 PM by Howard Bashman



“Lawyers’ nightmare: When 9th Circuit Chief Judge Kozinski is class objector.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report. The objectors’ Opposition to Plaintiffs’ Motion for Final Approval of Class Action Settlement can be accessed here.

And a related post from two days ago at the “Public Justice Blog” is titled “Super Conservative Judge Alex Kozinski Inadvertantly Undercuts Rationale For Corporate Proposals to Narrow Discovery Under Federal Rules.”

Posted at 5:32 PM by Howard Bashman