How Appealing



Thursday, April 7, 2016

Programming note: This afternoon, I will be heading to Houston, Texas to meet with trial counsel on a matter that is heading to appeal on which I will be working. As a result, additional posts will appear here tonight. This is a quick visit to Houston; I will be back home tomorrow night.

As always when I am traveling, more frequent appellate-related updates are likely to appear on this blog’s Twitter feed.

Posted at 10:58 AM by Howard Bashman



Wednesday, April 6, 2016

“Pa. lawmakers move to delay vote on judicial retirement age”: Angela Couloumbis of The Philadelphia Inquirer has an article that begins, “Three weeks before the polls open, Pennsylvania legislators want to halt plans to let primary voters decide whether to raise the mandatory retirement age for judges from 70 to 75. Republicans who control both chambers want to move the question from the April 26 primary to the Nov. 8 ballot.”

Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania reports that “Move afoot to delay referendum on raising judges’ retirement age until November election.”

And in updated coverage, The Associated Press reports that “House votes to delay April 26 vote on judges’ retirement age.”

Posted at 8:54 PM by Howard Bashman



“Beware of a Supreme Court ‘Solution’ for the Little Sisters”: James C. Capretta has this essay online today at National Review.

Posted at 6:21 PM by Howard Bashman



“WI Supreme Court hears arguments in lead paint case”: Bruce Vielmetti of The Milwaukee Journal Sentinel has a blog post that begins, “Nearly ten years after a Milwaukee County woman sued paint companies over her lead poisoning, her case went to the Wisconsin Supreme Court on Tuesday, which will decide whether a 2013 law can retroactively derail her claim.”

Posted at 6:19 PM by Howard Bashman



Newest title on my appellate bookshelf:Advanced Appellate Advocacy,” by Susan E. Provenzano, Sarah O. Schrup, Carter G. Phillips, Jeffrey T. Green. My hosts during my recent visit with the Supreme Court Clinic of the Northwestern University Pritzker School of Law kindly provided me with a copy of the book during my visit.

If Carter Phillips isn’t the co-author of any of the books on your appellate advocacy bookshelf, perhaps you too should pick up a copy of this book.

Posted at 4:03 PM by Howard Bashman



“Obama’s Nuclear Option for the Supreme Court: Order the Senate Back to Work; If all else fails, and it looks like it will, there is one option remaining for President Obama: invoke his constitutional authority to compel the Senate into session — and off the campaign trail.” Jay Michaelson has this essay online today at The Daily Beast.

Posted at 1:57 PM by Howard Bashman



“What if the Supreme Court Were Liberal? With a possible Merrick Garland confirmation and the prospect of another Democrat in the Oval Office, the left can’t help but dream about an ideal judicial docket: abortion rights, voting rights, campaign finance . . . .” Law professor Erwin Chemerinsky has this essay online at The Atlantic.

Posted at 1:50 PM by Howard Bashman



Ninth Circuit holds, under RFRA, that district court properly denied church and its founder an exemption from federal laws prohibiting the possession and distribution of cannabis: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

In earlier related news coverage, the “Beliefs” column of The New York Times published on July 20, 2013 was headlined “As a Religion, Marijuana-Infused Faith Pushes Commonly Held Limits.”

Posted at 1:28 PM by Howard Bashman



“Judge Edmund B. Spaeth Jr., 95, headed Pa. Superior Court”: This obituary appears in today’s edition of The Philadelphia Inquirer.

Posted at 8:32 AM by Howard Bashman



“Rebecca Bradley beats JoAnne Kloppenburg in high court race”: Patrick Marley has this front page article in today’s edition of The Milwaukee Journal Sentinel.

In today’s edition of The Wisconsin State Journal, Molly Beck and Judy Newman have a front page article headlined “Rebecca Bradley elected to state Supreme Court.”

Steven Elbow of The Capital Times of Madison, Wisconsin reports that “Enthusiastic Republican voters push Bradley over Kloppenburg in Wisconsin Supreme Court race.”

Wisconsin Public Radio reports that “Bradley Wins Full Term On Wisconsin Supreme Court; Conservative-Backed Interim Justice Defeated Appeals Court Judge Kloppenburg.”

And Amanda Terkel of The Huffington Post reports that “Wisconsin Elects A Supreme Court Justice Who Once Mocked ‘Queers’ Who Get AIDS; Rebecca Bradley had significant financial backing from conservative groups helping her out.”

Posted at 8:27 AM by Howard Bashman



Tuesday, April 5, 2016

“9th Circuit: Arizona ‘dreamers’ can keep driver’s licenses; State must continue to issue licenses to young undocumented immigrants who receive deportation deferments from President Barack Obama.” Daniel Gonzalez of The Arizona Republic has this report.

And Howard Fischer of The Arizona Daily Star has an article headlined “Ruling: Arizona can’t deny driver’s licenses to ‘dreamers.’

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:52 PM by Howard Bashman



“Bitterly contested race for Wisconsin Supreme Court could be close”: Molly Beck of The Wisconsin State Journal has this report.

Posted at 10:04 PM by Howard Bashman



“Immigration case at SCOTUS could turn on wonky administrative law issue”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 9:23 PM by Howard Bashman



“Gawker Begins Appeal of $140 Million Hulk Hogan Verdict; Motions ask court to reduce or undo damages awarded to the pro wrestler”: Steven Perlberg of The Wall Street Journal has this report.

Posted at 8:12 PM by Howard Bashman



“Two Supreme Court nominees had roles in high-profile public records cases”: Kristine Guerra of The Indianapolis Star has an article that begins, “In two high-profile lawsuits, two of the three nominees for the Indiana Supreme Court vacancy landed on sides attempting to block access to records of government officials and agencies that many have argued should be considered open to the public.”

Posted at 8:02 PM by Howard Bashman



“Republicans duck and run from Merrick Garland”: Columnist Dana Milbank has this essay online today at The Washington Post. Therein, Milbank discusses the relay race scandal that I previously noted at this link.

Online at The Los Angeles Times, columnist Michael McGough has an essay titled “McConnell: Merrick Garland’s record is irrelevant — but I’ll trash him anyway.”

And online at The Boston Globe, former U.S. Senate majority leader George J. Mitchell has an essay titled “Clarence Thomas got a vote; Merrick Garland should get one too.”

Posted at 7:58 PM by Howard Bashman



“How a federal spy case turned into a child pornography prosecution”: Ellen Nakashima of The Washington Post has this report.

Posted at 7:44 PM by Howard Bashman



“How Ted Cruz win in Supreme Court hurt U.S.-Mexico relations”: Reuters has a report that begins, “Republican presidential candidate Ted Cruz often tells supporters about his Supreme Court win against the federal government in 2008, defending Texas’ right to execute a Mexican man for murder, as evidence of his conservative and anti-establishment credentials.”

Posted at 3:34 PM by Howard Bashman