How Appealing



Friday, May 6, 2016

Today the “How Appealing” blog celebrates its 14th birthday: Fourteen years ago today this blog came into existence. And, thanks to a dedicated and enthusiastic readership that quickly followed and remains to this day, this blog continues to exist and thrive.

On May 6, 2017, this blog will turn 15 years old. On that date, and for the remainder of this blog’s 15th year in existence (from May 2017 through April 2018), one of this blog’s most popular features — “20 questions for the appellate judge” — will return for a limited 12-month engagement.

What this means is that I will conduct and publish interviews with 12 additional federal and state appellate judges over that 12-month period. Of course, every judge who previously participated in this blog’s “20 questions for the appellate judge’ feature has volunteered to do so, and a judge’s willingness to participate remains a necessary feature of my interview series going forward.

At the same time, to maximize the impact of these 12 interviews, I would like to interview those judges whom this blog’s readers are most interested in. Thus, I am now opening my blog’s email for nominations of those appellate judges whom this blog’s readership would most like me to include as interviewees in the “20 questions for the appellate judge” series. (You can reach me at [email protected].) The judges I have yet to interview on my list of the dozen federal appellate judges I currently view as the most engaging and talented opinion writers will also receive close consideration for inclusion as interviewees.

Lastly, in this era of “crowdsourcing,” I pledge to devote at least half of each interviewee’s 20 questions to questions received from this blog’s readership once an interviewee’s participation has been announced. Thus, I am counting on this blog’s readers to help me identify, obtain the participation of, and decide what questions to ask of the 12 federal or state appellate judges who will participate in this blog’s “20 questions for the appellate judge” feature during this blog’s 15th anniversary year beginning in May 2017.

My decision 14 years ago today to launch “How Appealing” remains one of the most satisfying and professionally rewarding decisions I have made in my nearly 25-year career as an appellate lawyer. Let me conclude for now by thanking the many friends and devoted readers I have gained as a result of simply typing words on a computer keyboard concerning a subject of mutual interest. This blog’s readers are the best, and I thank each and every one of you for your continued interest and devotion.

Posted at 10:30 AM by Howard Bashman



Thursday, May 5, 2016

“Retired Justice John Paul Stevens Tells Senate To Get Moving On That Supreme Court Nominee; ‘I’m not aware of any confirmation process that’s been delayed to the extent that this one is'”: Cristian Farias of The Huffington Post has this report.

Posted at 7:52 PM by Howard Bashman



“Constitution Check: How goes the kids’ constitutional crusade against climate change?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 2:48 PM by Howard Bashman



“U.S. Chief Justice John Roberts stops in Rogers; Roberts touts rules to speed civil trials at legal conference”: Doug Thompson of The Arkansas Democrat-Gazette has this report.

Posted at 2:38 PM by Howard Bashman



“Justice Stevens on Thomas Jefferson, Guns, and Justice Scalia; Retired Justice Still Has Critical Words for Landmark 2008 Ruling on Guns”: Jess Bravin has this post today at WSJ.com’s “Law Blog.”

Posted at 2:35 PM by Howard Bashman



“Ted Cruz Is Fine With Holding SCOTUS Seat Open For Clinton Or Trump To Fill; But some conservatives think Obama’s nominee is their best option now”: Jennifer Bendery of The Huffington Post has this report.

At “The Fix” blog of The Washington Post, Callum Borchers has an entry titled “Raising the white flag: Conservative blog urges GOP to cut its losses and confirm Merrick Garland.”

Online today at Bloomberg View, law professor Noah Feldman has an essay titled “The Constitution Won’t Stop President Trump.”

At The Federalist today, Ilya Shapiro has a post titled “How John Roberts Begat Donald Trump: If I have to point to a moment that spawned the current annus horribilis, it would have to be John Roberts’s vindication of Obamacare on June 28, 2012.”

And today at “ACSBlog,” U.S. Senator Patrick Leahy (D-VT) has a post titled “Republicans’ Refusal To Do Their Jobs Means Our Courts Cannot Do Theirs — And Americans Suffer.”

Posted at 2:33 PM by Howard Bashman



Wednesday, May 4, 2016

“Roberts refuses to be drawn into controversy about filling Supreme Court vacancy”: Robert Barnes of The Washington Post has this report.

Posted at 5:32 PM by Howard Bashman



“Congressional Report Finds Pragmatic Record for Supreme Court Nominee Garland”: Jess Bravin has this post today at WSJ.com’s “Washington Wire” blog.

Posted at 5:08 PM by Howard Bashman



“Supreme Court Gives Prisoner Rare Second Chance To Fight Alabama’s Death Sentencing Scheme; The state’s judicial override regime may soon be on the chopping block”: Kim Bellware of The Huffington Post has this report.

Chris Geidner of BuzzFeed News reports that “Supreme Court Calls For Alabama Courts To Review State’s Death Sentencing Process; In the wake of January’s Supreme Court decision striking down Florida’s death sentencing law, the high court orders Alabama courts to review the effect of that ruling on Alabama’s similar law.”

And in local coverage, Kent Faulk of The Birmingham News reports that “U.S. Supreme Court vacates judgment in case of man who killed Pelham police officer.”

Posted at 11:55 AM by Howard Bashman



“Constitution Check: Is an old anti-New Deal precedent getting new life — again?” Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 11:48 AM by Howard Bashman



“Justices need to show us their papers: Supreme Court justices get to decide what happens to their files; That’s bad for us and history.” Tony Mauro has this essay online today at USA Today.

Posted at 11:46 AM by Howard Bashman



“Paul Robert Cohen and ‘his’ Famous Free-Speech Case”: David L. Hudson Jr. has this post online today at the Newseum Institute.

Posted at 11:40 AM by Howard Bashman



“Chief justice of Canada reflects on 35 years as a judge”: William & Mary has posted online a law student’s article that begins, “William & Mary Law School recently hosted Chief Justice of the Supreme Court of Canada Beverley McLachlin for the annual Williamson Fellow lecture.”

Posted at 10:52 AM by Howard Bashman



In two days, this blog will celebrate its 14th(!) birthday: Stay tuned for an announcement on Friday regarding a popular feature that will be returning to “How Appealing” for twelve monthly installments during this blog’s 15th year in existence, one year and two days from now.

For those wondering what does one get a blog for its 14th birthday, you can deliver an early blog birthday present by following this blog on Twitter if you don’t already do so.

As always, this blog’s archives, stretching back nearly 14 years now, can be freely accessed in full via this link.

Posted at 10:42 AM by Howard Bashman



“Exonerated, Dead and Still on Trial: In a notorious Louisiana case, a judge gets in a last kick.” Andrew Cohen has this article online at The Marshall Project.

Posted at 10:30 AM by Howard Bashman



Tuesday, May 3, 2016

“Gloucester files petition for appeals court review in transgender case”: Frances Hubbard of The Daily Press of Newport News, Virginia has an article that begins, “he Gloucester County School Board filed a petition Tuesday for a full 4th Circuit Court of Appeals review of the ruling issued last month in the lawsuit filed by a 16-year-old transgender student.”

And The Associated Press reports that “Va. school board appeals transgender restroom ruling.”

Posted at 11:50 PM by Howard Bashman



“Vacancies on bench cause concern”: Patricia Manson of the Chicago Law Bulletin has an article that begins, “John Paul Stevens doesn’t expect to see the highest court in the land up to full strength any time soon. In Chicago on Monday night, the retired U.S. Supreme Court justice predicted the vacancy created by Antonin G. Scalia’s death will not be filled until after President Barack Obama leaves the White House.”

Posted at 10:09 PM by Howard Bashman



“Scalia’s Comcast legacy is at stake in Google Adwords case”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 10:05 PM by Howard Bashman



“Former US solicitor general added to Brady’s legal team”: Ben Volin of The Boston Globe recently had an article that begins, “Tom Brady added a heavy hitter to his legal team Friday, the surest sign yet that the Patriots’ star quarterback will exhaust every legal avenue before accepting his four-game suspension. Brady and the NFL Players Association added Theodore Olson, who successfully represented George W. Bush in Bush v. Gore in 2000, then served as US Solicitor General from 2001-04.”

Posted at 1:10 PM by Howard Bashman



Monday, May 2, 2016

“Va. Supreme Court rules same-sex couples equal in divorce law”: Graham Moomaw of The Richmond Times-Dispatch has this report.

Tom Jackman of The Washington Post reports that “Va. Supreme Court recognizes unmarried same-sex couples are legal too.”

And Bradford Richardson of The Washington Times reports that “Va. man gets out of paying spousal support after ex-wife enters into a lesbian relationship.”

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

Posted at 9:50 PM by Howard Bashman