How Appealing



Tuesday, February 23, 2016

“Colleagues, even if you don’t like circuit precedent, you must follow it. Afterwards, you call the case en banc. You cannot create your own contrary precedent.” So begins a dissenting opinion that Ninth Circuit Judge N. Randy Smith issued today.

Posted at 1:35 PM by Howard Bashman



“The behind-the-scenes politics of picking a Supreme Court justice”: Joan Biskupic has a post at “The Great Debate” blog of Reuters that begins, “As U.S. Supreme Court Justice Antonin Scalia was being eulogized and President Barack Obama had begun reviewing files on his potential successor, a chance meeting led me to recall a memo Patrick Buchanan, an advisor to President Ronald Reagan, wrote 30 years ago recommending Scalia.”

Posted at 11:34 AM by Howard Bashman



“Supreme Court to decide whether Roanoke robbery convictions will stand”: Columnist Dan Casey has this essay online at The Roanoke Times.

Posted at 11:28 AM by Howard Bashman



“An Historic Attempt To Kill Roe v. Wade May Backfire Spectacularly On The Anti-Choice Right”: Ian Millhiser of ThinkProgress has this post today.

Posted at 11:24 AM by Howard Bashman



“Antonin Scalia, Judicial Activist? In Defense of the Late Justice — and the Rule of Law.” Evan Bernick has this entry online at The Huffington Post.

Posted at 11:17 AM by Howard Bashman



“The Matthew Stephenson Moment”: At the “Balkinization” blog, Richard Primus recently had a post in which he writes, “It’s hard to foresee what might happen if a President said ‘From now on, I’m going to deem my nominees appointed unless they are affirmative rejected by the Senate within ninety days.’ It might not be pretty. And maybe we will never get that far. But whether it’s that escalation or a different one, the important point is that escalations in the separation-of-powers game are likely to produce further escalations, especially when the stakes are high and politically salient, and especially in a particular domain — judicial confirmations — where escalation responding to escalation is already the established dynamic.”

Posted at 11:14 AM by Howard Bashman



“Argument preview: When must a prosecutor-turned-judge recuse from a capital case?” Richard M. Re has this post today at “SCOTUSblog.”

Posted at 11:00 AM by Howard Bashman



“Obama admin wins jurisdiction fight over contentious rule”: Tiffany Stecker and Jeremy P. Jacobs of Greenwire have this report.

The Associated Press reports that “Appeals court to consider challenge to federal water rules.”

Timothy Cama of The Hill reports that “Court to hear case against Obama’s water rule.”

And Courthouse News Service reports that “6th Circuit to Review EPA Clean Water Rule.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit — in which each of the judges on the panel wrote separately — at this link.

Posted at 10:58 AM by Howard Bashman



“Appellate court reinstates voters’ wishes on prisoner parole”: Bob Egelko of The San Francisco Chronicle has this report.

Denny Walsh of The Sacramento Bee reports that “Appeals court reverses judge’s decision invalidating state parole laws.”

The Associated Press reports that “Court Upholds State’s Stricter Limits on Parole Hearings.”

And Courthouse News Service reports that “9th Circ. OKs Longer Parole Waits in Calif.

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

Posted at 10:50 AM by Howard Bashman



Monday, February 22, 2016

“Have Obama’s Supreme Court Picks Really Been Silent on Abortion? There’s no public record of several jurists discussing the court’s most divisive opinion: Roe v. Wade; But the ‘abortion question’ is part of the problem of how we pick jurists.” Jay Michaelson has this essay online today at The Daily Beast.

Posted at 11:02 PM by Howard Bashman



“Grief Gives Way to Division in First Court Arguments Since Scalia’s Death”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Robert Barnes of The Washington Post reports that “Supreme Court reconvenes without Scalia, ‘our man for all seasons.’

Jess Bravin and Brent Kendall of The Wall Street Journal report that “Supreme Court Pays Tribute to Justice Scalia in First Session Since Death; Chief justice spent several minutes recounting Scalia’s career before hearing arguments.”

Richard Wolf of USA Today reports that “On first day without Scalia, Supreme Court faces a possible tie vote.”

And at “SCOTUSblog,” Mark Walsh has a post titled “A ‘view’ from the Courtroom: The Justices return to a black and gray bench.”

Posted at 10:00 PM by Howard Bashman



“Closing Curtain on Conservative Activism”: Kenneth Jost had this post yesterday at his blog, “Jost on Justice.”

Posted at 9:45 PM by Howard Bashman



“UCILAW: The Supreme Court and the 2016 Elections.” Now on YouTube, “UCI Law Professor Rick Hasen and Ed Whelan, president of the Ethics and Public Policy Center (EPPC), a conservative D.C. think tank, [are offering] perspectives on the Supreme Court and the 2016 elections.”

Posted at 3:25 PM by Howard Bashman



Access the transcript of today’s U.S. Supreme Court oral argument in Kingdomware Technologies, Inc. v. United States, No. 14-916: At this link.

There are two instances of laughter in the transcript (Chief Justice Roberts and Justice Breyer).

Posted at 1:25 PM by Howard Bashman