How Appealing



Monday, November 16, 2015

“Why Israel’s right wing is gunning for nation’s Supreme Court; Democracy activists say reasoned critiques of controversial court decisions have given way to incitement; A security detail has been assigned to the justices”: Joshua Mitnick of The Christian Science Monitor has this report today.

Posted at 10:18 PM by Howard Bashman



“The US supreme court may make abortion the deciding factor in 2016; The justices decided to take a case that could mean the end of Roe v Wade just four months before voters choose their next president”: Scott Lemieux has this essay online at The Guardian (UK).

Posted at 10:04 PM by Howard Bashman



“Liberal government drops Supreme Court of Canada niqab appeal”: Sean Fine of The Toronto Globe and Mail has a news update headlined “The Liberal government has ended Ottawa’s four-year fight against the wearing of the face veil during the citizenship oath, withdrawing a request to the Supreme Court to hear an appeal on the issue.”

And The Toronto Star reports that “Liberals drop controversial Supreme Court of Canada niqab appeal; Conservatives had asked Supreme Court to hear appeal of ruling that said it was unlawful to prohibit women from wearing a face-covering at a citizenship ceremony.”

Posted at 10:02 PM by Howard Bashman



“Fatal San Francisco dog maul case: Court appears divided.” Howard Mintz of The San Jose Mercury News has this report.

And Bob Egelko of The San Francisco Chronicle has a news update headlined “Attorney asks for new trial in 2001 dog-mauling death.”

Via YouTube, you can access at this link the video of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Senior Fourth Circuit Judge Andre M. Davis, with whom I had the pleasure of visiting on Saturday evening in Washington, DC at the 2015 AJEI Summit, was on the panel sitting by designation.

Posted at 7:06 PM by Howard Bashman



“Ethic panel gives judges the OK to work with Scouts again”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A state judicial ethics panel says judges in California can work with Boy Scout troops now that the youth organization has rescinded its long-standing ban on gays and lesbians as scout leaders.”

Posted at 6:21 PM by Howard Bashman



“Via Duke, Companies Are Shaping Discovery”: At Law360.com, law professor Suja A. Thomas recently had an essay (free access) that begins, “Recently, the New York Times reported that corporations in the food industry have paid academics to lobby for and against genetically modified food. A similar phenomenon is happening in our legal system in the battleground around controlling litigation costs.”

Posted at 5:23 PM by Howard Bashman



“Due Process vs. Administrative Law: Federal agencies control the livelihood of thousands of judges who decide disputes in which the agencies are a party.” Law professor Kent Barnett has this op-ed in today’s edition of The Wall Street Journal. You can freely access the full text via Google.

On a related note, Professor Barnett recently posted an article titled “Against Administrative Judges” online at SSRN.

Posted at 5:04 PM by Howard Bashman



In videos of interest from the Federalist Society‘s 2015 National Lawyers Convention: While I was in Washington, DC at the end of last week attending the exceptionally useful and informative 12th annual Appellate Judges Education Institute Summit, across town just a short distance away was the Federalist Society’s annual lawyers’ event.

Fortunately, the Federalist Society posts online at YouTube the video of most of its annual convention programs. Here are several that readers of this blog may find to be of interest, in addition to the one video that every reader of this blog really must watch, which I linked to the other day:

Ten Years of the Roberts Court,” featuring Michael A. Carvin and Jan Crawford as panelists, with Ninth Circuit Judge Carlos T. Bea as moderator;

Deference Meets Delegation: Which is the Most Dangerous Branch?” featuring a stellar panel with D.C. Circuit Judge Brett M. Kavanaugh serving as moderator;

Examination of the Obama Administration’s Protection of Religious Liberty,” featuring Ninth Circuit Judge Diarmuid F. O’Scannlain as moderator;

Prosecutors Run Amok?” featuring Ninth Circuit Judge Alex Kozinski as a panelist and Georgia Supreme Court Justice Keith R. Blackwell as moderator;

A Right to Speak Anonymously? Political Contributors and Reporters’ Confidential Sources,” featuring Michigan Chief Justice Robert P. Young, Jr. as moderator;

Broadband Re-regulation: The Battle Returns to the Courts,” featuring Miguel A. Estrada as a panelist and Senior D.C. Circuit Judge David B. Sentelle as moderator;

Overreach in the States,” featuring Eleventh Circuit Judge William H. Pryor, Jr. as a panelist and Adam J. White as moderator; and

The Living Congress: Adaptation or Decline?” featuring Fifth Circuit Judge Jerry E. Smith as moderator.

The remainder of the videos from the convention, many of which readers might also find of interest, can be accessed via this link.

Posted at 2:11 PM by Howard Bashman



“Pa. Senator Anthony Williams Calls for Resignations in Porngate Presser; ‘This isn’t porngate,’ he said; ‘This is hategate’; He wants the resignation of Supreme Court Justice Michael Eakin, among others”: Dan McQuade has this post today at the “News + Opinion” blog of Philadelphia Magazine.

Posted at 1:40 PM by Howard Bashman



“Supreme Court Won’t Hear Case Over Planned Parenthood Documents”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court stays out of lawsuit targeting Planned Parenthood.”

Jess Bravin of The Wall Street Journal has a news update headlined “Supreme Court Rejects Antiabortion Group’s Case Against Planned Parenthood; New Hampshire Right to Life group sued to obtain organization’s operational manual, other materials.”

Lawrence Hurley of Reuters reports that “U.S. top court rejects anti-abortion group’s Planned Parenthood case.”

And Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Sidesteps Planned Parenthood Disclosure Fight.”

Posted at 1:23 PM by Howard Bashman



“How an Obscure SCOTUS Procedure Can Solve AEDPA’s Retroactivity Catch-22 (and a Growing Circuit Split)”: Steve Vladeck (with whom I had the pleasure of speaking at the recently concluded AJEI Summit in Washington, DC) has this post today at “PrawfsBlawg.”

Posted at 12:03 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

In New Hampshire Right to Life v. Department of Health and Human Services, Justice Clarence Thomas issued a dissent, in which Justice Antonin Scalia joined, from the denial of certiorari.

In early news coverage, The Associated Press reports that “Court won’t hear case over grant to Planned Parenthood.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court bypasses FOIA challenge.”

Posted at 9:32 AM by Howard Bashman



“Georgia officials: KKK using adopt-a-highway program to advance ‘Klan Country.'” Greg Bluestein of The Atlanta Journal-Constitution has a blog post that begins, “The Ku Klux Klan’s attempt to ‘adopt’ a stretch of highway in north Georgia is headed to the state’s Supreme Court.”

Posted at 8:42 AM by Howard Bashman



“The Supreme Court agrees to hear the biggest abortion case since 1992, in the middle of the presidential election”: Steven Mazie has this post today at the “Democracy in America” blog of The Economist.

Posted at 8:30 AM by Howard Bashman



“Even After Paris”: Online today at Justia’s Verdict, law professor Joseph Margulies has an essay that begins, “My colleagues at Cornell, both in the law school and the College of Arts & Sciences, often invite me to speak in their classes about my work on behalf of alleged terrorists.”

Posted at 8:26 AM by Howard Bashman



“U.S. death penalties, executions slow as capital punishment is squeezed”: Jon Herskovitz of Reuters has an article that begins, “Capital punishment in the United States has moved into the slow lane, with the number of executions and new death sentences likely to hit lows not seen for more than 20 years.”

Posted at 8:22 AM by Howard Bashman