How Appealing



Tuesday, July 14, 2015

“Robert H. Jackson Lecture with Laurence Tribe”: The Chautauqua Institution posted this video online yesterday at YouTube.

Posted at 11:38 PM by Howard Bashman



The author of this blog has been named one of the “Fastcase 50 for 2015”: Featuring this very kind write-up:

In Bashman news… Howard Bashman is the prolific author of the long-running appellate blog “How Appealing,” a daily must-read for the appellate practitioner who wants to cover all of the bases. You know a story has made it to the big leagues when it’s linked to in one of Howard’s frequent, streamlined posts. In addition to “How Appealing,” Howard writes a monthly column for The Legal Intelligencer, where he provides insight (dare we say “inside baseball”) on the Pennsylvania and Third Circuit courts and other appellate news. Lest you think Howard is all business all the time, he also posts box scores for his beloved Phillies (he should win the award simply for sticking with them this season) as well as the occasional story out of left field about “bash man” news in which some poor soul is inevitably bashed by an object. We can’t wait to see what’s on deck next for Howard.

Among the other honorees this year (in alphabetical order) are law professor Eric Goldman, U.S. Magistrate Judge Paul Grewal, California Supreme Court Justice Goodwin H. Liu, and U.S. Solicitor General Donald B. Verrilli, Jr.

You can view the entire “Fastcase 50 for 2015” via this link.

Posted at 8:30 PM by Howard Bashman



“Justice Scalia: Why he’s a bad influence.” Online at The Los Angeles Times, law professor Erwin Chemerinsky has an op-ed that begins, “Justice Antonin Scalia is setting a terrible example for young lawyers. Ignore, for now, his jurisprudence, his famously strict originalism; it’s his tone that’s the problem.”

Posted at 8:05 PM by Howard Bashman



“Clarence Thomas’s Unusual Evolution: The ‘silent justice’ has always marched to his own drum, and in the past year that drumbeat has become more distinct and strange.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 5:02 PM by Howard Bashman



“Denver’s Little Sisters of the Poor lose contraception coverage ruling; 10th Circuit Court of Appeals rules against Catholic sisters offering elder care in case over contraception mandate”: The Denver Post has this news update.

Tom Howell Jr. of The Washington Times has a news update headlined “Federal appeals court refuses nuns’ plea for relief from birth control mandate.”

The Associated Press has a report headlined “Court: New health law doesn’t infringe on religious freedom.”

And The Hill has an article headlined “Court: Nuns must comply with ObamaCare’s birth control mandate.”

You can access today’s 133-page ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.

Posted at 2:30 PM by Howard Bashman



“US Supreme Court Report Card: How Third Circuit Fared This Term.” Today’s edition of The Legal Intelligencer — Philadelphia’s daily newspaper for lawyers — contains this month’s installment of my “Upon Further Review” column.

Therein, I write:

The Supreme Court decided three cases from the Third Circuit on direct review, and the court reversed in all three. Adding insult to injury, of the 27 votes that the nine justices cast in those three cases, the Third Circuit received only a grand total of one-and-a-half votes in favor of affirmance. Even the Philadelphia Phillies’ starting position players this year have better batting averages than that.

Fortunately, delving deeper into the statistics, which I do later in the column, produces some better news for the Third Circuit this past Term at the U.S. Supreme Court.

You can freely access the full text of this month’s column via Google News.

Posted at 2:20 PM by Howard Bashman