How Appealing



Sunday, December 20, 2015

“Ricketts gets second appointee to Supreme Court early in 2016, with more potential retirees ahead”: Joe Duggan has this article in today’s edition of The Omaha World-Herald.

Posted at 10:20 AM by Howard Bashman



Saturday, December 19, 2015

“Chief Justice Roberts Made ‘Human Error’ In Overlooking Conflict Of Interest; The head of the Supreme Court inadvertently participated in a case involving a company where he had a significant financial stake”: Cristian Farias of The Huffington Post has this report.

Posted at 9:30 AM by Howard Bashman



“Tinkering with the Tax Court”: Daniel Hemel (with an assist from Will Baude) had this post yesterday at “The University of Chicago Law School Faculty Blog.”

Posted at 9:27 AM by Howard Bashman



“Blind justice? In Pennsylvania, that would help.” Montgomery Media has posted this editorial online today. The editorial concludes, “A good start would be for Justice Eakin to do what former Justice Seamus McCaffery at least had the decency — if you can use that word in connection with this case — to do. He should step aside.”

And in related coverage, in today’s national edition of The New York Times, Michael Wines has a front page article headlined “Scandal’s Web Trips Pennsylvania Attorney General Kathleen Kane.”

Posted at 9:24 AM by Howard Bashman



Friday, December 18, 2015

Ninth Circuit dismisses appeal asserting Fourth Amendment challenge to the mass interception, copying, and searching of Internet communications because the district court’s FRCP 54(b) certification wasn’t proper: You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Many of the documents filed in the case can be accessed via this link.

Posted at 1:32 PM by Howard Bashman



“The New Attack on Hispanic Voting Rights: After the Supreme Court decision that gutted the Voting Rights Act, tactics to suppress minority voting are flourishing — especially in states where Hispanic voters are reshaping the electorate.” Jim Rutenberg will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

Posted at 8:02 AM by Howard Bashman



Thursday, December 17, 2015

“Is the Solicitor General Playing a Shell Game With the Supreme Court Over Johnson Retroactivity?” Steve Vladeck has this post at “PrawfsBlawg.”

Posted at 11:40 PM by Howard Bashman



“Rhetoric and Law: The double life of Richard Posner, America’s most contentious legal reformer.” Lincoln Caplan has this cover story in the January-February 2016 issue of Harvard Magazine.

Posted at 11:28 PM by Howard Bashman



“Britain’s Supreme Court says targeting young black men for stop-and-search ‘benefits them’; Judges back random search powers as legal challenge brought by black mother is dismissed”: Adam Barnett of The Independent (UK) has this report.

And the Press Association (UK) reports that “Supreme court affirms random stop-and-search; Top UK court says Public Order Act powers, used to tackle gun crime and gangs, deter police bias and will save lives.”

You can access today’s ruling of the Supreme Court of the United Kingdom at this link.

Posted at 10:45 PM by Howard Bashman



“Alabama lesbian mother gets support in fight before U.S. Supreme Court”: Kent Faulk of The Birmingham News has this report.

Posted at 9:42 PM by Howard Bashman



Programming note: This morning, I will be visiting an appellate client who is incarcerated in federal prison. As a result, additional posts will appear here this afternoon.

Posted at 7:50 AM by Howard Bashman



Wednesday, December 16, 2015

“Content-based restriction on doctors’ speech to patients about guns passes ‘strict scrutiny'”: Eugene Volokh has this post today at “The Volokh Conspiracy.”

His post concludes, “The panel majority opinion, then, is dangerous — indeed, more dangerous than the earlier opinions in this case . . . .”

My earlier coverage of Monday’s Eleventh Circuit ruling appears at this link.

Posted at 11:58 PM by Howard Bashman



“California Supreme Court to decide how class action lawyers should be paid”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 9:24 PM by Howard Bashman



“Obama Administration Urges Dismissal of Challenge to Colorado Pot Law; Nebraska, Oklahoma officials say legalization has increased drug crimes in their states”: Jess Bravin of The Wall Street Journal has this report.

Ricardo Baca of The Cannabist, a publication of The Denver Post, reports that “Top fed lawyer urges SCOTUS to not hear Colorado marijuana lawsuit.”

And The Associated Press reports that “Obama admin. urges high court to reject marijuana lawsuit.”

Via Josh Blackman, you can access the amicus brief of the United States at this link.

Posted at 8:44 PM by Howard Bashman



“In reply to ethics charges, Supreme Court justice says emails were never meant to be public”: The Associated Press has a report that begins, “A Pennsylvania Supreme Court justice who may be suspended over objectionable emails did not bring the judgeship into disrepute because the ‘male banter’ he exchanged with friends was never intended to be made public, his lawyers said Wednesday.”

Update: You can access the documents filed in the case, including Justice J. Michael Eakin’s answer to the complaint filed yesterday, via this link.

Posted at 8:12 PM by Howard Bashman



“As Oklahoma marks century of executions, future of death penalty uncertain”: Graham Lee Brewer of The Oklahoman has this report.

Posted at 12:51 PM by Howard Bashman



“Stephen Glass is still retracting his fabricated stories — 18 years later”: Columnist Michael Hiltzik had this essay online yesterday at The Los Angeles Times.

Posted at 8:53 AM by Howard Bashman



“Constitutional Check: Will the Supreme Court clarify birthright citizenship?” Lyle Denniston had this post yesterday at the “Constitution Daily” blog of the National Constitution Center.

Posted at 8:50 AM by Howard Bashman



“Eakin should step down in the wake of email scandal”: Today’s edition of The Reading (Pa.) Eagle contains an editorial that begins, “Two months ago, when the state Judicial Conduct Board was investigating accusations that state Supreme Court Justice J. Michael Eakin sent and received raunchy, racist and sexist emails, we suggested that he take a leave of absence until the matter was resolved. Now, after the board charged Eakin with ethics violations as a result of those emails, we call for his resignation.”

Posted at 8:42 AM by Howard Bashman