How Appealing



Saturday, November 14, 2015

“Class Dismissed? Big business says class-action lawsuits have gotten out of control; Will the Roberts court agree?” Slate today has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 10:24 PM by Howard Bashman



“The Big Money Propping Up Harsh Sentences; Special-interest groups are funneling millions of dollars into state-court elections, taking a toll on justice and public confidence in judges”: Alicia Bannon and Scott Greytak have this essay online today at The Atlantic.

Posted at 10:20 PM by Howard Bashman



“Court orders Sandusky’s Penn State pension be reinstated”: Karen Langley has this front page article in today’s edition of The Pittsburgh Post-Gazette.

Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has an article headlined “Court: Timing of his child-sex crimes saved Jerry Sandusky’s state pension.”

The Centre Daily Times of State College, Pennsylvania reports that “Commonwealth Court returns Sandusky pension.”

The Daily Collegian, the student newspaper of Penn State University, reports that “Jerry Sandusky’s Penn State pension reinstated.”

The Associated Press reports that “Ruling gives Sandusky back $4,900-a-month Penn State pension.”

And Reuters reports that “Pennsylvania court reinstates Sandusky’s $4,900 monthly pension.”

You can access yesterday’s unanimous en banc ruling of the Commonwealth Court of Pennsylvania at this link.

Posted at 10:15 PM by Howard Bashman



“Ruth Bader Ginsburg and Gloria Steinem on the Unending Fight for Women’s Rights; The two longtime friends discuss everything from rap names to the moments that spurred them to action”: Phipil Galanes has this “Table for Three” article in the Fashion & Style section of tomorrow’s edition of The New York Times.

Posted at 1:33 PM by Howard Bashman



Friday, November 13, 2015

“Supreme Court takes up Virginia redistricting case”: Jenna Portnoy of The Washington Post has this news update.

Mark Sherman of The Associated Press reports that “Court to look at GOP appeal over Virginia congressional map.”

Lawrence Hurley of Reuters reports that “Supreme Court to decide Virginia redistricting case.”

Greg Stohr of Bloomberg News reports that “Republicans Get U.S. Supreme Court Hearing on Virginia Voting Map.”

And Scott Bland of Politico.com reports that “Supreme Court to consider Virginia redistricting case.”

Posted at 5:42 PM by Howard Bashman



“Supreme Court Accepts Texas Abortion Law Case”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court takes up major challenge to abortion restrictions.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court agrees to hear biggest abortion case in 2 decades.”

Richard Wolf of USA Today reports that “Supreme Court will wade back into abortion debate.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court to Review Texas Abortion Law; State’s law required clinics to meet surgical-center standards, doctors to have privileges at local hospitals.”

Michael Doyle of McClatchyDC reports that “Supreme Court agrees to hear abortion clinic regulation challenge.”

Mark Sherman of The Associated Press reports that “Justices agree to hear first abortion case since 2007.”

Lawrence Hurley of Reuters reports that “U.S. top court to decide major abortion case for first time since 2007.”

Greg Stohr of Bloomberg News reports that “Abortion Clinic Restrictions Get U.S. Supreme Court Scrutiny.”

Jennifer Haberkorn of Politico.com reports that “Supreme Court to hear major abortion case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court to rule on abortion clinic restrictions.”

You can access today’s Order List of the U.S. Supreme Court at this link.

Posted at 5:26 PM by Howard Bashman



“Confirm President Obama’s Judges”: Today’s edition of The New York Times contains an editorial that begins, “On Nov. 12, 2014, President Obama nominated Luis Felipe Restrepo to a judgeship on the federal Court of Appeals for the Third Circuit.”

Posted at 12:48 PM by Howard Bashman



“Book Review: Jay Wexler’s ‘Tuttle in the Balance.'” Steve Klepper has this post today at the “Maryland Appellate Blog.”

Posted at 12:45 PM by Howard Bashman



“Key question in immigration court fight: Is Obama enforcing deportation laws or changing them?” David G. Savage and Timothy M. Phelps of The Los Angeles Times have this news analysis.

Posted at 12:44 PM by Howard Bashman



“Justice Nahmias bears down — and Mike Bowers objects”: Bill Rankin of The Atlanta Journal-Constitution has a very interesting article that begins, “When Norman Fletcher, the retired chief justice of the Georgia Supreme Court, argued a case before his former colleagues on the court this month, he received the usual barrage of questions from Justice David Nahmias.”

Posted at 12:40 PM by Howard Bashman



Thursday, November 12, 2015

“Ruling in favor of California death penalty leaves larger questions unanswered”: Paige St. John and Maura Dolan will have this article in Friday’s edition of The Los Angeles Times.

Howard Mintz of The San Jose Mercury News has an article headlined “California death penalty: legal obstacle to executions removed.”

In Friday’s edition of The New York Times, Erik Eckholm will have an article headlined “Federal Appeals Panel Overturns Anti-Death Penalty Ruling in California.”

Mark Berman of The Washington Post reports that “Federal appeals court reverses ruling that said California’s death penalty system is unconstitutional.”

The Sacramento Bee reports that “Federal appeals court upholds death penalty in California.”

Dan Levine and Eric M. Johnson of Reuters report that “U.S. appeals court rejects challenge to California death penalty.”

And The Associated Press reports that “Appeals court rejects challenge to California death penalty.”

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

Posted at 11:58 PM by Howard Bashman



“Constitution Check: Is the new immigration policy at risk constitutionally?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 11:52 PM by Howard Bashman



“Pleading for the Fourth: Justice Sonia Sotomayor stood alone again on Monday as the U.S. Supreme Court chipped away at the Fourth Amendment’s constraints on law enforcement.” Matt Ford of The Atlantic has this report.

Posted at 11:50 PM by Howard Bashman



“Agreeing to disagree: Supreme Court Justice Breyer says rulings are strong but discourse thoughtful.” Harvard Gazette has this report today.

Posted at 11:49 PM by Howard Bashman



“Judging Roberts: The Chief Justice of the United States, ten years in.” Adam J. White has this article in the November 23, 2015 issue of The Weekly Standard.

Posted at 11:22 PM by Howard Bashman



“Does the American Criminal Justice System Need an Overhaul?” On Monday afternoon in Washington, DC, the Cato Institute will host this event, described as “Featuring Alex Kozinski, Judge, U.S. Court of Appeals for the Ninth Circuit; and J. Harvie Wilkinson III, Judge, U.S. Court of Appeals for the Fourth Circuit; moderated by Tim Lynch, Director, Project on Criminal Justice, Cato Institute.”

If you can’t attend, you can view a live webcast of the event once underway via this link.

Posted at 9:16 PM by Howard Bashman



“How the world’s biggest bookie was snared at last year’s WSOP — and walked a free man”: This article, featuring a cameo appearance from Tom Goldstein, appears online at ESPN.com.

Posted at 9:12 PM by Howard Bashman



Wednesday, November 11, 2015

Programming note: On Thursday morning, I will be traveling to Washington, DC, where I will remain until midday Sunday, to attend the 2015 Appellate Judges Education Institute Summit.

A highlight of the program will be Thursday evening’s “Opening Reception at the United States Supreme Court featuring appearances by Supreme Court Justices.” Because several state Supreme Court justices will likely be present, that description will prove accurate regardless of whether any U.S. Supreme Court Justices attend. Sadly, law clerks to the Justices who are fans of appellate blogs are not guaranteed to be present, although they are welcome to get in touch and say hello if they happen to be working late.

At various times throughout the program, the AJEI Summit will feature competing presentations that will be occurring simultaneously. Thus, on Friday morning, I will have to choose between hour two of Dean Erwin Chemerinsky‘s amazing note-free “Supreme Court Review” (then focusing on the criminal docket) and getting to hear from Indiana Supreme Court Justice Mark S. Massa, who went from being a journalist to a state supreme court justice. I have an inkling he may know how to write readable appellate decisions.

And on Saturday afternoon, I will have to choose between a Second Amendment panel featuring Paul Clement and a Guantanamo Bay panel featuring Steve Vladeck.

This is my second year in a row attending the AJEI Summit (last year’s was in Dallas), and the organizers are making it especially convenient for me to return again next year when the event will be taking place just down the road in Philadelphia.

It will be great to see many new and old friends at this year’s event, and also to make new acquaintances. If you see some guy at the AJEI Summit who looks like my Twitter icon, it might be me, so feel free to say hello.

And speaking of Twitter, while the AJEI Summit is underway, blog posts may appear here less frequently, but activity on this blog’s Twitter feed might increase.

Posted at 11:08 PM by Howard Bashman



“Constitution Check: Is the new Obamacare case all about the nuns?” Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:28 PM by Howard Bashman