How Appealing



Monday, May 9, 2016

“The Supreme Court’s Troubling Neglect of Courts-Martial”: Steve Vladeck has this post today at “Just Security.”

Posted at 1:23 PM by Howard Bashman



Sunday, May 8, 2016

“GOP rallies around court blockade: Republicans are crushing the Democrats in the spending battle over Garland — and it’s only going to get more expensive.” Burgess Everett of Politico.com has this report today.

Posted at 11:12 PM by Howard Bashman



“Chief justice’s suspension adds to Alabama’s political mess”: The Associated Press has a report that begins, “Alabama politics are at a low point even by Alabama standards: In a state that trails the nation in many areas, three top elected officials are embroiled in scandal or facing removal from office while a former governor serves time in federal prison on a corruption conviction.”

Posted at 4:06 PM by Howard Bashman



“ACLU wins access to 12,000 internal prison documents on California’s plans for lethal injection”: Maura Dolan of The Los Angeles Times has this report.

Posted at 2:22 PM by Howard Bashman



“Music on cellphone isn’t evidence of gang ties, state Supreme Court says”: The Associated Press has a report that begins, “Washington’s Supreme Court has thrown out the convictions of three men in what police called a gang-related shooting, finding among other things that music on one defendant’s phone was not evidence of gang ties.”

You can access Thursday’s unanimous ruling of the Supreme Court of Washington State at this link.

Posted at 2:18 PM by Howard Bashman



“The Supreme Court’s Next Big Fight Over Money in Politics: Will the justices gut the rest of McCain-Feingold — and make it easier for wealthy donors to influence elections?” Law professor Richard L. Hasen — author of the “Election Law Blog” — has this essay online at The Atlantic.

Posted at 1:54 PM by Howard Bashman



“‘The mighty five’: Wisconsin tops nation in percentage of female Supreme Court justices.” Molly Beck has this front page article in today’s edition of The Wisconsin State Journal.

Posted at 1:50 PM by Howard Bashman



“Should Prostitution Be a Crime? A growing movement of sex workers and activists is making the decriminalization of sex work a feminist issue.” Emily Bazelon has this cover story in today’s edition of The New York Times Magazine.

Posted at 1:20 PM by Howard Bashman



“There’s No Separating the Death Penalty and Race: The only way to get rid of racial bias in death penalty cases is to get rid of the death penalty.” Robert J. Smith has this jurisprudence essay online at Slate.

Posted at 10:55 AM by Howard Bashman



“Striking Out: The Merrick Garland nomination is going nowhere.” Terry Eastland has this essay in the May 16, 2016 issue of The Weekly Standard.

Posted at 10:12 AM by Howard Bashman



“Supreme Court, wary of major new cases, to rule on cheerleaders’ outfits and adult diapers”: David G. Savage of The Los Angeles Times has this report.

Posted at 10:08 AM by Howard Bashman



Saturday, May 7, 2016

“If These Guys Don’t Convince You Judge Garland Is ‘Superbly Qualified,’ No One Will; A bipartisan group of solicitors general lavished praise on President Obama’s Supreme Court pick”: Cristian Farias of The Huffington Post has this report.

Posted at 1:50 PM by Howard Bashman



“The Ninth Circuit has a knack for disregarding the Supreme Court.” So begins a dissenting opinion that Ninth Circuit Judge Sandra S. Ikuta issued yesterday. Judge Ikuta’s dissent continues (citations omitted):

Sometimes it simply ignores the Supreme Court. Other times it reads the decisions of the Supreme Court in such a peculiar manner that no “fair-minded jurist” could agree. Occasionally it even thinks it is the Supreme Court.

You can access the complete decision via this link.

Posted at 1:40 PM by Howard Bashman



“Roy Moore suspended from office: Alabama chief justice faces removal over gay marriage stance”: Kyle Whitmire of AL.com has this report. Kent Faulk has articles headlined “Legal group representing Roy Moore calls ethics complaint ‘outrageous’” and “Roy Moore timeline: Ten Commandments to gay marriage stance.” And Leada Gore has an article headlined “Who is Ambrosia Starling? Roy Moore blames ‘transvestite’ for gay marriage controversy.”

In today’s edition of The Montgomery Advertiser, Brian Lyman has a front page article headlined “Roy Moore suspended, faces new judicial ethics charges.”

In today’s edition of The New York Times, Campbell Robertson has an article headlined “Roy Moore, Alabama Judge, Suspended Over Gay Marriage Stance.”

The Associated Press reports that “Alabama chief justice faces ouster after gay marriage fight.”

Reuters reports that “Alabama’s top judge faces ethics charges over gay-marriage order.”

And Jim Dalrymple II of BuzzFeed News reports that “Alabama Chief Justice Faces Removal From Bench Over Same-Sex Marriage Stance; Roy Moore told lower judges to ignore the U.S. Supreme Court ruling legalizing same-sex marriage; Officials have filed ethics charges against Moore.”

Posted at 10:20 AM by Howard Bashman



“America’s Trial Court Judges: Our Front Line for Justice.” In today’s edition of The New York Times, former U.S. District Judge Shira A. Scheindlin has an op-ed that begins, “The outcry over the Senate’s failure to hold hearings on Judge Merrick Garland’s nomination to the Supreme Court is fully justified. But that isn’t the only judiciary scandal on Capitol Hill. Even as the spotlight shines on the high court, the Senate has refused to confirm dozens of uncontroversial nominees to fill vacancies in the federal trial courts.”

Posted at 9:52 AM by Howard Bashman



Friday, May 6, 2016

“Court: Slipknot bassist’s child born after he died can sue.” The Associated Press has a report that begins, “The Iowa Supreme Court has ruled that deceased Slipknot bassist Paul Gray’s child may sue for loss of a parent’s companionship, affirming the rights of children born after a parent’s death.”

Earlier at “On Brief: Iowa’s Appellate Blog,” Rox Laird previewed the case in a post titled “Iowa Supreme Court to hold evening argument in case involving the death of a rock star and the constitutional rights of the unborn.”

You can access today’s ruling of the Supreme Court of Iowa at this link.

Posted at 11:58 AM by Howard Bashman



“Resolved: Ted Cruz Was His Worst Self as a Presidential Candidate; In his surly, failed campaign, Cruz turned into a cartoon version of the blowhard I knew on the college debate circuit.” Dahlia Lithwick has this essay online at Slate.

Posted at 11:42 AM by Howard Bashman



“Are US Courts Going Dark?” U.S. Magistrate Judge Stephen Wm. Smith (S.D. Tex.) has this post today at “Just Security.”

Therein, Magistrate Judge Smith writes:

I am * * * better positioned to ponder a less publicized “going dark” threat to another branch of government, the branch most indispensable to the rule of law — our court system. Over the last 40 years, secrecy in all aspects of the judicial process has risen to literally unprecedented levels. Let me describe what I have seen, and why it is troubling.

This appears to be his first post at the “Just Security” blog.

Posted at 11:35 AM by Howard Bashman



“Breaking: NC Supreme Court Deadlocks 3-3 Over Whether Its Recused 7th Member Must Run in Competitive Election.” Rick Hasen has this post today at his “Election Law Blog.”

Posted at 11:15 AM by Howard Bashman



“Anti-Trans Discrimination Is Sex Discrimination: A decision written by Supreme Court Justice Antonin Scalia helps explain why North Carolina’s H.B.2 bathroom bill is illegal.” Law professor Garrett Epps has this essay online today at The Atlantic.

At Justia.com’s “Verdict,” law professor Joanna L. Grossman has an essay titled “A Room With a View: Federal Appeals Court Says School District Cannot Bar Transgender Boy from Using the Bathroom Aligned with His Gender Identity.”

And at National Review’s “Bench Memos” blog, Ed Whelan has a six-part series titled “Obama Administration’s Outrageous War on North Carolina.”

Posted at 11:10 AM by Howard Bashman



“Senate Republicans Are Breaking Records for Judicial Obstruction; As President Obama enters his final months in office, dozens of seats on the bench will remain unfilled”: Patrick Caldwell of Mother Jones has this report today.

Mike DeBonis of The Washington Post reports that “Mitch McConnell’s Senate is confirming very, very few presidential nominees.”

And in today’s edition of The El Paso Times, Marty Schladen has a front page article headlined “Cornyn, Cruz blasted over judicial appointments.”

Posted at 11:04 AM by Howard Bashman



“Obama’s Supreme Court Nominee Just Bragged About Sending This Man To Prison; Now He’s Free; He was let out mere days after Merrick Garland’s big moment”: Emily L. Judd and Ryan J. Reilly of The Huffington Post have this report.

Posted at 10:55 AM by Howard Bashman