How Appealing



Wednesday, April 20, 2016

“Supreme Court allows families of terrorism victims to collect Iranian assets”: Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that “Supreme Court upholds Iran payments for terrorism.”

Mark Sherman of The Associated Press reports that “Terror victims win Supreme Court judgment against Iran.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court rejects Iran bank’s bid to avoid payout to attack victims.”

And Greg Stohr of Bloomberg News reports that “Iran Terror Victims Win at U.S. Supreme Court, Can Collect $2 Billion.”

Posted at 1:11 PM by Howard Bashman



“Appeals ruling threatens key provision of North Carolina law”: The Associated Press has a report that begins, “A federal appeals court ruling on transgender bathroom access in public schools threatens a key provision of a North Carolina law limiting protections for the LGBT community.”

In coverage from North Carolina, Anne Blythe of The News & Observer of Raleigh reports that “Appeals court rules for transgender teen in Virginia bathroom case.”

And Colin Campbell of The News & Observer reports that “House Bill 2 backers ask legislators to sign loyalty pledge.”

Posted at 12:53 PM by Howard Bashman



“Harvard Yard to the Rose Garden: Merrick Garland’s College Days: As a pre-med freshman, Merrick B. Garland ’74 likely did not see himself going to law school, let alone standing at the side of the United States President in 2016 as the most recent nominee for the U.S. Supreme Court.” Marella A. Gayla and Claire E. Parker of The Harvard Crimson have this report.

Posted at 10:18 AM by Howard Bashman



Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases.

1. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Harris v. Arizona Independent Redistricting Comm’n, No. 14-232. You can access the oral argument via this link.

2. Justice Ruth Bader GInsburg delivered the opinion of the Court in Bank Markazi v. Peterson, No. 14-770. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion of the Court in Molina-Martinez v. United States, No. 14-8913. Justice Samuel A. Alito, Jr. issued an opinion, in which Justice Thomas joined, concurring in part and concurring in the judgment. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



“Unbeknownst to Appellants, the stash house did not actually exist, but was fabricated by undercover federal agents as part of a sting operation.” Nevertheless, yesterday a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this ruling upholding the defendants’ convictions for the crimes they committed in planning to rob the hypothetical stash house.

Posted at 8:39 AM by Howard Bashman



Tuesday, April 19, 2016

“State Power-Plant Subsidies Struck Down by U.S. Supreme Court”: Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that “U.S. top court rules against Maryland over power plant subsidies.”

The Associated Press reports that “High court strikes down Maryland power plant subsidies.”

Robin Bravender of Greenwire reports that “Supreme Court smacks down Md. power incentives.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: U.S. energy regulators’ authority grows.”

You can access today’s ruling of the U.S. Supreme Court in Hughes v. Talen Energy Marketing, LLC, No. 14-614, at this link.

Posted at 11:32 PM by Howard Bashman



“Why Republican Resistance to Vote on Supreme Court Nominee Remains Strong”: Siobhan Hughes has this post today at WSJ.com’s “Washington Wire” blog.

Posted at 11:18 PM by Howard Bashman



“Disgruntled inventor’s $500-million verdict against California tax collectors cut to $50,000”: David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that “High court deadlocked on war between states.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Rules Against Chip Inventor in California Income-Tax Dispute; Justices in stalemate over bigger issue over whether citizens of one state can sue another state from their home state’s court.”

Sam Hananel of The Associated Press reports that “High court tie lets states face lawsuits in other states.”

Josh Gerstein of Politico.com has a blog post titled “Supreme Court splits 4-4, again, in state sovereignty fight.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: States need to be good neighbors.”

You can access today’s U.S. Supreme Court ruling in Franchise Tax Bd. of Cal. v. Hyatt, No. 14-1175, at this link.

Posted at 11:12 PM by Howard Bashman



“U.S. Supreme Court set to weigh state’s breath test law; The ruling in the case to be heard Wednesday could touch thousands of the state’s motorists each year, attorneys say”: Allison Sherry of The Minneapolis Star Tribune has this report.

Posted at 10:48 PM by Howard Bashman



“On Immigration, the Supreme Court Sounds More Like Congress”: Jeffrey Toobin has this post online today at The New Yorker.

Posted at 10:42 PM by Howard Bashman



“In NFL concussion case, 3rd Circuit reopens door for personal injury class actions”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today. Before concluding, Frankel’s report kindly mentions “the beloved How Appealing blog.”

Posted at 9:32 PM by Howard Bashman



“Appeals Court Favors Transgender Student in Virginia Restroom Case”: Richard Fausset of The New York Times has this report.

Moriah Balingit of The Washington Post reports that “Federal appeals court sides with transgender teen, says bathroom case can go forward.”

Louis Llovio of The Richmond Times-Dispatch reports that “Appeals court backing of transgender Virginia teen could resonate nationally.”

Dave Ress of The Daily Press of Newport News, Virginia reports that “Appeals court rules in favor of Gloucester teenager in bathroom dispute.”

And Cristian Farias of The Huffington Post reports that “Appeals Court Sides With Trans Student Denied Access To High School Boys Bathroom; The court adopted the Obama administration’s position that federal law prohibits discrimination against transgender students.”

My earlier coverage of today’s Fourth Circuit ruling can be accessed here.

Posted at 8:57 PM by Howard Bashman



“Court overturns Virginia school’s transgender bathroom rule”: The Associated Press has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

I previously had this post collecting news coverage of the appellate oral argument.

Update: In other coverage, Josh Gerstein of Politico.com has a blog post titled “Appeals court win for transgender boy in bathroom case.”

Reuters reports that “U.S. court rules for Virginia student on transgender bathroom access.”

And Chris Geidner of BuzzFeed News reports that “Federal Appeals Court Upholds Protections For Transgender People In Landmark Ruling; The Obama administration has taken the position that sex discrimination bans under federal law include protections against anti-transgender discrimination; On Tuesday, the 4th Circuit Court of Appeals upheld that interpretation.”

Posted at 2:11 PM by Howard Bashman



“Ongoing judicial vacancies slows court system, delays trials” — in Canada: Nicole Riva of Yahoo! News has a report that begins, “There are more than three dozen vacancies for federally appointed judges across Canada, a shortage which legal experts say has significant impact on how the courts function.”

Posted at 1:10 PM by Howard Bashman



“Making the Case in Moot Court: The Columbia Law School students impressed a roomful of observers — and Justice Samuel Alito.” Ralph Gardner Jr. of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Earlier today, Columbia Law School’s Twitter feed had a since deleted tweet (linking to the article) that referred to Justice Alito as “Scalia Jr.” — thus explaining this Tweet of mine from earlier today. In the nature of Twitter, some understood my particular tweet as a generalized observation.

Posted at 12:56 PM by Howard Bashman



Monday, April 18, 2016

Programming note: On Tuesday morning, I will be meeting with trial counsel in two recently filed appeals on which I will be working.

At 10 a.m. eastern time on Tuesday, the U.S. Supreme Court will issue one or more rulings in argued cases. You can access the rulings via this link just as soon as they are posted online.

Posted at 11:26 PM by Howard Bashman



“U.S. Supreme Court won’t review case of 76-year-old man serving life without parole for pot”: Kent Faulk of The Birmingham News has this report.

Posted at 11:20 PM by Howard Bashman



“U.S. top court appears unlikely to revive Obama immigration plan”: Lawrence Hurley of Reuters has this report.

Chris Geidner of BuzzFeed News reports that “Closely Divided Supreme Court Digs Into Obama’s Immigration Action; The eight justices appeared to be split 4-4 on whether the 2014 immigration executive action and its effects are legal, but Justice Anthony Kennedy signaled an openness to dismissing the case on standing grounds.”

Cristian Farias and Elise Foley of The Huffington Post report that “Supreme Court Doubts Texas Has A Legal Right To Challenge Immigration Policy; United States v. Texas, a challenge to the president’s executive actions on immigration, will be a linchpin of election-year politics.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Appears Divided On Obama Immigration Actions.”

Posted at 8:09 PM by Howard Bashman



“Supreme Court Justices Appear Split on Immigration Case; If court deadlocks, Obama’s policy to shield millions from deportation likely would be frozen”: Brent Kendall, Jess Bravin, and Louise Radnofsky of The Wall Street Journal have this report.

Posted at 4:00 PM by Howard Bashman



“Conservatives on Skids Before Scalia’s Death”: Kenneth Jost had this post yesterday at his “Jost on Justice” blog.

Posted at 3:56 PM by Howard Bashman