How Appealing



Wednesday, December 31, 2014

“2014 Was a Lousy Year for Obama at the Supreme Court”: Damon Root had this post yesterday at Reason.com’s “Hit & Run” blog.

Posted at 10:14 PM by Howard Bashman



“Topeka man, 89, files suit against Edward Snowden, documentary producers; Horace Edwards requesting ‘disloyal government operative’ not profit from film”: Justin Wingerter of The Topeka Capital-Journal has this news update.

Posted at 10:12 PM by Howard Bashman



Access online Chief Justice John G. Roberts, Jr.’s “2014 Year-End Report on the Federal Judiciary”: At this link.

In early news coverage, Adam Liptak of The New York Times has a news update headlined “High Court, In Big Leap, Plans to Put Filings Online.”

Robert Barnes of The Washington Post has a news update headlined “Tech-wary Supreme Court to finally join the digital age.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court to post briefs online but not until 2016 at earliest.”

Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court to adopt ‘new’ technology, at a tortoise’s pace.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court plans to improve access to documents.”

The Associated Press reports that “High court to adopt electronic filing of cases.”

David McLaughlin of Bloomberg News reports that “U.S. Supreme Court to Put All Documents Online as Soon as 2016.”

At WSJ.com’s “Washington Wire” blog, Jess Bravin has a post titled “Supreme Court to Post Filings Online — But Still Prohibit Cameras.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court moving to electronic filing.”

Posted at 6:00 PM by Howard Bashman



“Another Posner Frolic”: Ed Whelan had this post yesterday at National Review Online’s “Bench Memos” blog.

To allow easier access to the rehearing petition discussed in Whelan’s post, I have uploaded a copy at this link.

Posted at 1:12 PM by Howard Bashman



“Another Misbegotten Reliance on Gonzales v. Raich”: Randy Barnett has this post today at “The Volokh Conspiracy.”

Posted at 1:05 PM by Howard Bashman



“New Enrollment Numbers Show Importance of Coming Supreme Court Case”: Online at The New York Times, Margot Sanger-Katz has a post at “The Upshot” that begins, “A new report from the Obama administration highlights the very high stakes for a challenge to the Affordable Care Act before the Supreme Court.”

Posted at 10:32 AM by Howard Bashman



“Abortion politics: Baby talk.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 8:32 AM by Howard Bashman



“President Obama abandons Michael Boggs nomination”: Burgess Everett of Politico.com has this report.

And The Atlanta Journal-Constitution has a blog post titled “It’s over: Obama will not re-nominate Judge Michael Boggs.”

Update: In other coverage, Jennifer Bendery of The Huffington Post has a report headlined “It’s Official: Obama Won’t Renominate Michael Boggs.”

And Roll Call has a blog post titled “Georgia Senators: Obama Won’t Renominate Michael Boggs.”

Posted at 8:27 AM by Howard Bashman



Tuesday, December 30, 2014

So that’s how a federal appellate court deals with the U.S. Supreme Court’s invitation to respond to a mandamus petition: Earlier this month. the U.S. Supreme Court asked the U.S. Court of Appeals for the Ninth Circuit to respond to a mandamus petition that Arizona had filed in the Supreme Court. You can view the Supreme Court docket entries in the matter at this link.

On rare occasion, a federal appellate court will ask a U.S. District Judge to respond to a mandamus petition. In such instances, it is rather straightforward for the district judge, alone or with the assistance of his or her staff, to prepare such a response.

By contrast, I have never seen a federal appellate court file a response to a mandamus petition pending in the U.S. Supreme Court. Today, the en banc Ninth Circuit issued this per curiam decision that appears to moot the mandamus request that Arizona filed in the U.S. Supreme Court. In other words, today’s en banc Ninth Circuit decision grants the very relief that Arizona had requested from the U.S. Supreme Court.

It is quite possible that Arizona will advise the U.S. Supreme Court that its mandamus petition is now moot, which might then relieve the Ninth Circuit from having to respond on or before January 7, 2015. We will know for certain a little over one week from now.

Posted at 11:48 PM by Howard Bashman



“North Carolina Seeks Supreme Court Review in Voting Case”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 8:50 PM by Howard Bashman



“Retiring circuit judge, a Carnegie native, ‘helped tutor generations'”: This past September, Brian Bowling had this profile in The Pittsburgh Tribune-Review of Senior Third Circuit Judge Ruggero J. Aldisert — who passed away Sunday at the age of 95.

And in July 2003, Judge Aldisert participated in this blog’s “20 questions for the appellate judge” feature in a post titled “20 Questions for Senior Circuit Judge Ruggero J. Aldisert of the U.S. Court of Appeals for the Third Circuit.”

Posted at 8:40 PM by Howard Bashman



“Respected former circuit court judge with Carnegie roots dies”: Brian Bowling of The Pittsburgh Tribune-Review has a news update that begins, “Ruggero J. Aldisert, a Carnegie native and retired federal judge, died Sunday, a spokeswoman for the 3rd U.S. Circuit Court of Appeals said Tuesday.”

Posted at 4:48 PM by Howard Bashman



“Mandatory judicial retirement ages are only ageist if you’re old”: Columnist Chris Rickert has this essay online today at The Wisconsin State Journal.

Posted at 8:54 AM by Howard Bashman



“Will T. Scott steps down from Kentucky Supreme Court, won’t say yet if he will run for governor”: This article appears in today’s edition of The Lexington Herald-Leader.

Posted at 8:51 AM by Howard Bashman



“The Real Story Behind the Fight for Marriage Equality: A new book from gay rights activist Marc Solomon sets the record straight about how gay marriage victories were really won.” E.J. Graff has this post online today at The Daily Beast.

Posted at 8:47 AM by Howard Bashman



“Constitution Check: Is Obama’s new immigration policy constitutional, or not?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 8:45 AM by Howard Bashman



“State Supreme Court Justice Stevens confirms run for seat”: Today’s edition of The Standard Speaker of Hazleton, Pennsylvania contains an article that begins, “Pennsylvania Supreme Court Justice Correale F. Stevens of Sugarloaf Township is running for election to the post he was appointed to two years ago.”

Posted at 8:41 AM by Howard Bashman



“Florida attorney general seeks clarity from judge on gay marriage”: Reuters has a report that begins, “One week before gay marriage is set to begin in Florida, the state’s attorney general asked a federal judge late on Monday to clarify whether same-sex couples could marry across the state or a court order restricted it to a single, rural county.”

Posted at 8:35 AM by Howard Bashman



“Oregon lawmakers could easily dodge Supreme Court ruling on federal exchange, expert says”: Today’s edition of The Oregonian contains an article that begins, “A prominent opponent of the Affordable Care Act says that unlike many other states, Oregon can easily sidestep a Supreme Court challenge he helped engineer.”

Posted at 8:30 AM by Howard Bashman



“Legislature won’t let state Supreme Court chief justice give State of the Judiciary speech”: This front page article appears in today’s edition of The Olympian of Olympia, Washington.

Posted at 8:17 AM by Howard Bashman



Monday, December 29, 2014

“Obama nominees in doubt: Democrats pushed through dozens in December, but Republicans have all the leverage now.” Burgess Everett of Politico.com has this report.

Posted at 11:07 PM by Howard Bashman