How Appealing



Wednesday, November 18, 2015

“Fallible But Final: Why Justice Scalia is Wrong About the Supreme Court’s Authority.” Evan Bernick has this blog entry today at The Huffington Post.

Posted at 1:35 PM by Howard Bashman



“Law Professor Challenges the Seeming Federal Endorsement of Duke Nonbinding ‘Guidelines’ on Proportionality Amendments”: Patricia W. Moore has this post at the “Civil Procedure & Federal Courts Blog.”

Posted at 11:06 AM by Howard Bashman



“After final appeal, NFL retirees can finally get help”: Former NFL player Nick Lowery, perhaps with the assistance of a lawyer or two, has this op-ed in today’s edition of The Philadelphia Inquirer.

Tomorrow, a three-judge panel of the U.S. Court of Appeals for the Third Circuit is scheduled to hear an hour of oral argument — likely to extend much longer — in In Re: National Football League Players Concussion Injury Litigation.

Among the five lawyers arguing for objectors will be attorneys Steven F. Molo, Deepak Gupta, Charles Becker, and me (I’ll be representing objector Craig Heimburger and his wife).

Arguing in favor of affirmance will be law professor Samuel Issacharoff (representing class counsel) and Paul D. Clement (representing the NFL).

Once the Third Circuit posts the audio of the oral argument online, I will link to it.

Posted at 11:02 AM by Howard Bashman



“At UR, Sotomayor says justices are ‘members of this society'”: Karin Kapsidelis has this article in today’s edition of The Richmond Times-Dispatch.

Fox News Latino has a report headlined “Sotomayor had to be convinced to become first Hispanic justice: ‘This isn’t about you.’

And Mark Robinson of Richmond Magazine has a report headlined “Holding Court: U.S. Supreme Court Justice Sonia Sotomayor speaks to students, faculty at University of Richmond.”

Posted at 10:48 AM by Howard Bashman



“Constitution Check: Where does Justice Kennedy now stand on abortion rights?” Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:38 AM by Howard Bashman



Finally a law-related blog post featuring the lyric “There’s no sex in your violence” from Bush’s Everything Zen: Today at “Concurring Opinions,” Ronald K.L. Collins has a post titled “FAN 85 (First Amendment News) ‘Is phone sex violent?’ — Posner challenges lawyer in online classified advertising case.”

You can access via this link the audio of last Friday’s Seventh Circuit oral argument in Backpage.com, LLC v. Dart (18.8 MB mp3 audio file).

In news coverage of the case from yesterday, Jason Meisner of The Chicago Tribune reports that “Appeals court limits sheriff in fight over online sex ads.”

Aamer Madhani of USA Today reports that “Appeals court orders Cook County sheriff to cease campaign against Backpage.”

And Jonathan Bilyk of CookCountyRecord.com reports that “Seventh Circuit orders Dart to back off Backpage.com, pending appeal of injunction denial.”

Posted at 10:25 AM by Howard Bashman



“Board overboard”: Today’s edition of The Philadelphia Inquirer contains an editorial that begins, “The Judicial Conduct Board, the panel designated to investigate the myriad misdeeds of Pennsylvania’s judiciary, has so thoroughly botched its probe of Supreme Court Justice J. Michael Eakin as to raise a question: Who should investigate the Judicial Conduct Board?”

Posted at 8:44 AM by Howard Bashman



Tuesday, November 17, 2015

“Colorado Supreme Court, Court of Appeals, Office of the State Court Administrator launch Twitter accounts”: The Judicial Branch of Colorado issued this news release today.

Posted at 10:07 PM by Howard Bashman



“The Real Court Case Behind Bridge of Spies: The story of the prisoner exchange in Spielberg’s latest drama originates from a strangely decided, controversial case.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 10:00 PM by Howard Bashman



Texas v. United States: Fifth Circuit declares President Reagan’s immigration regulation unlawful.” Marty Lederman has this post at “Balkinization.”

Posted at 9:48 PM by Howard Bashman



“Ginni Thomas: I Am Proudly Endorsing Ted Cruz for President in 2016.” The presidential campaign of Ted Cruz has posted this video online at YouTube.

Or as Adam Liptak of The New York Times notes on Twitter, “After mentioning that her husband is on the Supreme Court, Ginni Thomas endorses Ted Cruz.”

Posted at 4:48 PM by Howard Bashman



“Anthony Kennedy’s Right to Choose: The justice who cares about dignity and autonomy should vote against Texas’ abortion law.” Dahlia Lithwick has this jurisprudence essay online today at Slate.

Posted at 4:38 PM by Howard Bashman



“Forensic Pseudoscience: The Unheralded Crisis of Criminal Justice.” Nathan J. Robinson has this article in the November/December 2015 issue of Boston Review.

Posted at 10:40 AM by Howard Bashman



“‘Outrageous Government Conduct’: Is It OK when the government makes up crimes to catch criminals? What if they’re not criminals?” Adam Wisnieski has this article online at The Crime Report.

Posted at 10:36 AM by Howard Bashman



You can follow “How Appealing” on Twitter: Via this link. Every post at this blog automatically generates a Tweet, alerting you to new content. And when I’m on the road, as I was last week at the tremendously worthwhile 2015 Appellate Judges Education Institute Summit, lots of appellate-related re-Tweets frequently will appear even though the blog itself shows no new activity.

Posted at 8:56 AM by Howard Bashman



“Justice Antonin Scalia Questions Logic Behind Gay Rights Protections”: Adam Liptak had this post last night at the “FirstDraft” blog of The New York Times.

Posted at 8:35 AM by Howard Bashman



“Prison Town in Colorado Doesn’t Want Guantanamo Detainees”: Jack Healy has this article in today’s edition of The New York Times.

Posted at 8:30 AM by Howard Bashman



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