How Appealing



Monday, April 18, 2016

Not to be confused with Kathleen M. Sullivan: Last Thursday, Rob Hotakainen of McClatchy Washington Bureau had an article headlined “Obama announces nominees for 3 Washington judicial vacancies.”

Also on Thursday, the White House issued a news release titled “President Obama Nominates Three to Serve on the United States District Court.”

And on Friday, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled “White House Announces Nominees to U.S. District Court for Western District of Washington.”

One of the three nominees is Seattle attorney Kathleen M. O’Sullivan, a former law clerk to Ninth Circuit Judge M. Margaret McKeown.

Posted at 1:38 PM by Howard Bashman



“Supreme Court Declines to Hear Google Books Case; Lower courts had ruled that Google’s scanning of books for its database was ‘fair use'”: Brent Kendall of The Wall Street Journal has this report.

Posted at 1:20 PM by Howard Bashman



“Supreme Court Appears Divided on Obama’s Immigration Plan”: Adam Liptak and Michael D. Shear of The New York Times have this report.

Robert Barnes of The Washington Post reports that “Initial prognosis poor for Obama’s immigration program at Supreme Court.”

David G. Savage of The Los Angeles Times reports that “Supreme Court appears split over Obama’s immigration plan.”

Richard Wolf of USA Today reports that “Supreme Court split on Obama immigration plan.”

And Greg Stohr of Bloomberg News reports that “Supreme Court Suggests Divide Over Obama Immigration Plan.”

Posted at 1:10 PM by Howard Bashman



“Immigration prompts role reversal at Supreme Court; Liberals and conservatives swap sides on issue of when states can challenge the federal government in court”: Josh Gerstein of Politico.com has this report.

Posted at 1:06 PM by Howard Bashman



Access online today’s ruling in an argued case of the U.S. Supreme Court: The Court today issued one ruling in an argued case.

Justice Anthony M. Kennedy delivered the opinion of the Court in Welch v. United States, No. 15-6418. Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument audio via this link.

Update: In early news coverage, The Associated Press reports that “Justices extend ruling on repeat offenders’ prison terms.”

Posted at 10:08 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases today, but the Court did call for the views of the Solicitor General in one case.

Update: In early news coverage, Lawrence Hurley of Reuters reports that “Supreme Court rejects challenge to Google book-scanning project.”

And Greg Stohr of Bloomberg News reports that “Google Book Project Can Proceed as Supreme Court Spurns Appeal.”

Posted at 9:33 AM by Howard Bashman



“The Hollywood Hit-Job on Justice Clarence Thomas: I covered the confirmation hearings in 1991; HBO’s movie heavily edits history to favor Anita Hill.” Stuart Taylor Jr. has this essay online at The Wall Street Journal. You can freely access the full text of the essay via Google.

Posted at 8:26 AM by Howard Bashman



“Supreme Court Weighs Obama’s Executive Action On Immigration”: This audio segment featuring Nina Totenberg appeared on today’s broadcast of NPR’s “Morning Edition.”

Posted at 8:22 AM by Howard Bashman



Sunday, April 17, 2016

“NC Supreme Court rejects state’s repeal of teacher tenure”: Craig Jarvis of The Raleigh News & Observer has an article that begins, “The North Carolina Supreme Court on Friday ruled unconstitutional a state law that phased out job protections for teachers who had already earned them.”

You can access Friday’s ruling of a unanimous Supreme Court of North Carolina at this link.

Posted at 10:38 PM by Howard Bashman



“Focus on Chief Justice as Supreme Court Hears Immigration Challenge”: Adam Liptak of The New York Times has this report.

Richard Wolf of USA Today has an article headlined “As Supreme Court battle looms, undocumented immigrants seek truce.”

David Nakamura of The Washington Post reports that “Supreme Court showdown to begin over Obama’s moves to block deportations.”

Miriam Jordan of The Wall Street Journal reports that “Supreme Court to Hear Case on Protecting Illegal Immigrants From Deportation; Challenge to Obama administration policy is one of the biggest issues before the high court this year.” You can freely access the full text of the article via Google.

In today’s edition of The Austin American-Statesman, James Barragan and Jazmine Ulloa have a front page article headlined “Supreme Court to weigh Obama’s immigration programs.”

Daniel Gonzalez of The Arizona Republic reports that “Stakes high on both sides as Supreme Court hears arguments on Obama’s immigration actions.”

Seung Min Kim of Politico.com reports that “Obama’s immigration legacy goes to court.”

And online at USA Today, law professor Erwin Chemerinsky has an essay titled “Texas immigration case should be an easy call.”

Posted at 10:15 PM by Howard Bashman



“NC Supreme Court hears arguments about retention elections”: Earlier this week, Anne Blythe of The Raleigh News & Observer had an article that begins, “Justices of the N.C. Supreme Court were in an unusual position Wednesday when they asked the lawyers before them about a case that will have an impact on how sitting justices and others seeking a seat on the state’s highest court stand for election.”

And The Associated Press reports that “NC Supreme Court hears arguments on retention.”

Posted at 9:52 PM by Howard Bashman



“Cheerleaders for Christ: The women of Kountze, Texas, have been fighting for four years to put Bible verses on their banners; Their case is a look at what’s ahead for religious-liberty conflicts in America.” Emma Green has this article online at The Atlantic.

Posted at 9:42 PM by Howard Bashman



“Contra Obama: As Senate Republicans refuse to consider the Obama’s SCOTUS nominee, the remaining eight justices take up his immigration directive.” Slate has posted online this “Amicus” podcast featuring Dahlia Lithwick with Brianne Gorod.

Posted at 11:34 AM by Howard Bashman



“UK legal aid residence test to be challenged in supreme court; Government’s denial of aid to people who have lived in UK for less than 12 months is being contested by Public Law Project”: Owen Bowcott of The Guardian (UK) has this report.

Posted at 11:27 AM by Howard Bashman



“High court takes up case for shielding immigrants from deportation”: Michael Matza has this article in today’s edition of The Philadelphia Inquirer.

Posted at 9:25 AM by Howard Bashman



Saturday, April 16, 2016

“No sane judge would pass Bernie Sanders’ Supreme Court litmus test”: Columnist Michael McGough has this essay online at The Los Angeles Times.

Posted at 11:00 PM by Howard Bashman



“Family of Immigrants, Only One a Citizen, Anxiously Awaits Supreme Court Ruling”: Julia Preston will have this article in Sunday’s edition of The New York Times.

Posted at 10:55 PM by Howard Bashman



“More Than Immigration at the High Court: The Supreme Court’s look at Obama’s executive action perfectly explains the Merrick Garland fight.” Dahlia Lithwick has this jurisprudence essay online today at Slate.

Posted at 9:03 PM by Howard Bashman



“Supreme Court strikes down Tories’ tough-on-crime laws”: Sean Fine of The Toronto Globe and Mail has an article that begins, “The Supreme Court of Canada has sounded a death knell for mandatory minimum jail sentences passed by the former Conservative government, indirectly sending a message to the Liberal government to get on with the job of undoing Harper-era laws that put judges in a sentencing straitjacket.”

CBC News reports that “Supreme Court strikes down 2 Conservative sentencing reforms; Rulings from Canada’s top court strike down mandatory minimum sentences for drugs and bail conditions.”

And The Canadian Press reports that “Supreme Court rules two tough-on-crime laws unconstitutional.”

Yesterday, the Supreme Court of Canada issued two related rulings, which you can access here and here.

Posted at 1:32 PM by Howard Bashman



Friday, April 15, 2016

“As part of our commitment to transparency, I wanted to alert you to some errors related to publishing cases in Westlaw and our print volumes that we have now corrected.” Thomson Reuters issued this statement this evening.

According to the statement:

In March, Thomson Reuters became aware that small portions of text were missing in a number of new cases posted to Westlaw due to the introduction of an upgrade to our PDF conversion process in November 2014. We immediately conducted an investigation, which revealed that approximately one-half of one percent (0.5%) of total decisions added to our collection during this period were affected by these issues.

A list of the many cases affected, including numerous federal appellate court decisions, can be accessed here. The news release also links to examples of the omissions.

Posted at 9:50 PM by Howard Bashman



“Supreme Court Immigration Ruling Won’t End Political Tussle”: Michael D. Shear and Julie Hirschfeld Davis will have this article in Saturday’s edition of The New York Times.

Posted at 9:00 PM by Howard Bashman



“Kansas Supreme Court to consider for the first time whether right to abortion exists in Kansas Constitution; A.G. Schmidt’s request for review granted by Chief Justice Nuss”: Earlier this week, Justin Wingerter of The Topeka Capital-Journal had an article that begins, “With six simple words Monday, the Kansas Supreme Court agreed to consider the most divisive question before it in recent years: whether the Kansas Constitution guarantees the right to an abortion.”

Posted at 8:40 PM by Howard Bashman



“The Time Ted Cruz Defended a Ban on Dildos; His legal team argued there was no right ‘to stimulate one’s genitals'”: David Corn has this report at Mother Jones.

At Jezebel’s “The Slot” blog, Joanna Rothkopf has a post titled “Are You Surprised That Ted Cruz Once Fought Passionately Against Dildos?

At “Above the Law,” Joe Patrice has a post titled “Ted Cruz Is No Fan Of Dildos.”

And AVN News reports that “Screaming O To School Ted Cruz With Lifetime Sex Toy Supply; Company responds to Cruz’s protest of self-pleasure with L.A. Academy of Sex Ed scholarship.”

My coverage of the decisions in the case when it was pending in the U.S. Court of Appeals for the Fifth Circuit can be accessed here and here.

Posted at 8:17 PM by Howard Bashman