How Appealing



Monday, April 4, 2016

Access online today’s Order List of the U.S. Supreme Court: At this link. The Court granted review today in one new case.

In Woods v. Etherton, No. 15-723, the Court issued a per curiam summary reversal of the judgment of the U.S. Court of Appeals for the Sixth Circuit.

And in Kakarala v. Wells Fargo Bank, N.A., No. 15-712, Justice Clarence Thomas issued a dissent from the denial of certiorari.

In early news coverage, The Associated Press reports that “Supreme Court will take up case about juror’s racial bias“; “High court rejects challenge to Miss. campaign finance law“; and “Justices reject Wal-Mart, Wells Fargo class-action appeals.”

And Lawrence Hurley of Reuters reports that “Supreme Court declines to take up Wal-Mart class action appeal.”

Posted at 9:34 AM by Howard Bashman



Sunday, April 3, 2016

“Wendell Pierce on playing US Supreme Court Justice Clarence Thomas in ‘Confirmation'”: Jennifer Brett has this blog post today at The Atlanta Journal-Constitution.

Posted at 8:20 PM by Howard Bashman



“$28.2 million carbon monoxide poisoning jury decision not a ‘runaway verdict,’ judge rules”: Jeremy Fugleberg had this article in The Casper (Wyo.) Star-Tribune back in October 2014. You can access the decision of the U.S. District Court for the District of Wyoming denying defendants’ post-judgment motions at this link.

On Friday, the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this decision reducing the punitive component of the judgment from $25.5 million to $1.95 million.

Posted at 8:00 PM by Howard Bashman



“After Apple Case, Encryption Vs. National Security Dilemma Has Just Begun”: This audio segment appeared on yesterday’s broadcast of NPR’s “Weekend Edition Saturday.”

Posted at 11:28 AM by Howard Bashman



“Appeals court calls SDPD dog bite ‘severe’ force; The issue: Should police let dogs loose on potential, but unseen suspects?” Kristina Davis of The San Diego Union-Tribune has an article that begins, “A San Diego police dog that bit through a woman’s lip as she slept in her office after hours could be viewed as a severe use of force, and that question, as well whether it was appropriate, should be considered by a jury, a federal appeals court ruled Friday.”

And Reuters reports that “Court revives California challenge to police dog ‘bite & hold’ policy.”

You can access Friday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. The majority opinion begins, “After a night of drinking with her friends . . . .”

Posted at 11:03 AM by Howard Bashman



“Control of state courts becomes a top political battleground”: The Associated Press has a report that begins, “Much attention is being paid to the U.S. Supreme Court vacancy, but equally partisan battles are being waged for control of state courts around the nation.”

Posted at 10:42 AM by Howard Bashman



“Merrick Garland Loves Taylor Swift Sing-Alongs — And More Fun Facts About the Supreme Court Nominee”: Tierney McAfee of People magazine has this report.

Posted at 10:34 AM by Howard Bashman



Saturday, April 2, 2016

“Will next Supreme Court justice come from Atlantic Canada?” Kevin Bissett of The Canadian Press has an article that begins, “Officials in Newfoundland and Labrador are lobbying to have the next Supreme Court of Canada justice come from their province, but legal experts say the federal government will likely prioritize race or language over geography.”

And in Thursday’s edition of The Toronto Globe and Mail, Sean Fine had an article headlined “Newfoundland lobbies Ottawa for spot on Supreme Court.”

Posted at 7:38 PM by Howard Bashman



“Hillary Clinton to attack Rebecca Bradley Saturday night”: Mary Spicuzza of The Milwaukee Journal Sentinel has an article that begins, “Democratic presidential candidate Hillary Clinton will take aim at state Supreme Court Justice Rebecca Bradley during her Saturday night speech at the Founder’s Day Dinner in Milwaukee. Clinton is expected to argue that there’s no place on any court for someone like Bradley, citing the justice’s comments about women, survivors of sexual assault, and gays and lesbians.”

And Shawn Johnson of Wisconsin Public Radio reports that “Kloppenburg Touts Her Impartiality, But Sends Partisan Signals On The Campaign Trail; Appeals Court Judge Says She’s Earned Her Position While Bradley Owes Her Career To Walker.”

Posted at 7:26 PM by Howard Bashman



“Trump said he plans to announce a list of 10 to 12 judges from which he would pick to fill vacancies on the Supreme Court to allay concerns from conservatives that he wouldn’t choose someone to their liking.” Bob Woodward and Robert Costa of The Washington Post have an article headlined “In a revealing interview, Trump predicts a ‘massive recession’ but intends to eliminate the national debt in 8 years.”

It will be interesting to see how many of those judges are on Twitter.

Posted at 7:22 PM by Howard Bashman



Friday, April 1, 2016

“Supreme Court Fight Rescues a Justice From Obscurity”: Carl Hulse will have this new installment of his “On Washington” column in Saturday’s edition of The New York Times.

Posted at 10:06 PM by Howard Bashman



“Courtesy Calls Give Senators A Chance To Get To Know Supreme Court Nominees”: This audio segment appeared on today’s broadcast of NPR’s “Morning Edition.”

Posted at 11:18 AM by Howard Bashman



“Merrick Garland to Meet With More Republicans”: Today at the “First Draft” blog of The New York Times, Carl Hulse has a post that begins, “The White House has lined up more meetings between the Supreme Court nominee Judge Merrick B. Garland and Republican lawmakers, with Senators Susan Collins of Maine and John Boozman of Arkansas scheduled to sit down with him on Tuesday.”

Posted at 11:11 AM by Howard Bashman



“Shirley Hufstedler, Pioneering Judge and First Cabinet-Level Education Secretary, Is Dead at 90”: This obituary written by Sam Roberts appears in today’s edition of The New York Times.

Jill Leovy of The Los Angeles Times has written an obituary headlined “Shirley Hufstedler dies at 90; judge served as first secretary of Education.”

Emily Langer of The Washington Post has written an obituary headlined “Shirley Hufstedler, first secretary of the newly created Education Dept., dies at 90.”

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has posted online a news release titled “Ninth Circuit Recalls Shirley M. Hufstedler.”

Posted at 11:05 AM by Howard Bashman



“If you are trying to access the Indiana Law Blog, it has gone dark, effective late Thursday, March 31, 2016.” If you seek to access the “Indiana Law Blog” today, you will receive this message. On a more hopeful note, however, the message goes on to say that “the search for a sponsor has not quite ended, [and] it is possible the ILB may return within a few weeks.”

Posted at 10:54 AM by Howard Bashman



“Outraged by Kansas Justices’ Rulings, G.O.P. Seeks to Reshape Court”: In Saturday’s edition of The New York Times, Erik Eckholm will have an article that begins, “Washington is locked in partisan warfare over control of the Supreme Court. But it is hardly the only place. Look at the states, where political attacks on judicial decisions are common and well-financed attack ads are starting to jar the once-sleepy elections for State Supreme Court seats.”

Posted at 10:48 AM by Howard Bashman



“Justice Scalia’s cruel irony: His absences exposes truth about Supreme Court; Scalia’s empty chair, and a 4-4 tie, prove again how political our Supreme Court has become.” Law professor Eric Segall has this essay at Salon.com.

Posted at 9:25 AM by Howard Bashman