How Appealing



Wednesday, July 13, 2016

“Inferences From Amicus Briefs and How Justice Kennedy Continues to Rule Supreme”: Adam Feldman has this post today at his “Empirical SCOTUS” blog.

Posted at 11:23 PM by Howard Bashman



“Donald Trump Calls On Supreme Court Justice Ruth Bader Ginsburg To Resign”: Nina Totenberg had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 11:14 PM by Howard Bashman



“The public feud of Ginsburg vs. Trump casts harsh spotlight on court’s liberal lion”: David G. Savage of The Los Angeles Times has this report.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Justice Ginsburg doesn’t let up on Trump, who fires back.”

In today’s edition of The New York Times, Michael D. Shear and Maggie Haberman have an article headlined “Donald Trump Calls Ruth Bader Ginsburg’s Remarks a ‘Disgrace to the Court.'”

Brent Kendall and Jacob Gershman of The Wall Street Journal have an article headlined “Ginsburg’s Trump Comments Draw Criticism; The Supreme Court justice, in unusual remarks, suggests Trump would be bad for the court, the nation.” You can freely access the full text of the article via Google.

Eliza Collins of USA Today reports that “Justice Ruth Bader Ginsburg faces criticism over Trump attacks.”

Lawrence Hurley and John Whitesides of Reuters report that “Trump calls on U.S. Supreme Court Justice Ginsburg to resign after criticism.”

Greg Stohr of Bloomberg News reports that “Trump Calls for Ginsburg to Resign From Supreme Court After ‘Faker’ Jab.”

The Associated Press reports that “Ginsburg’s public Trump critique raises ethical quandaries.”

Ariane de Vogue of CNN.com has an article headlined “Would Ruth Bader Ginsburg have to recuse herself if Donald Trump wins?” And Manu Raju and Theodore Schleifer of CNN.com report that “Top Republicans criticize Ruth Bader Ginsburg but don’t back Trump’s call for her to resign.”

Meanwhile, in commentary, today’s edition of The New York Times contains an editorial titled “Donald Trump Is Right About Justice Ruth Bader Ginsburg.” The newspaper has also posted online a “Room for Debate” discussion titled “Can a Supreme Court Justice Denounce a Candidate?

Today’s edition of The Washington Post contains an editorial titled “Justice Ginsburg’s inappropriate comments on Donald Trump.” In addition, columnist Richard Cohen has an essay titled “Justice Ginsburg’s remarks are a symptom of how low Trump has driven our discourse.”

Online at Bloomberg View, law professor Noah Feldman has an essay titled “It’s Fine for Supreme Court Justices to Speak Their Minds.”

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled “Deciphering Justice: The subtext of Ruth Bader Ginsburg’s improper attacks on Donald Trump.” In addition, Mark Joseph Stern has a jurisprudence essay titled “RBG Just Risked Her Legacy to Insult Trump: Why she did it.”

Online at Reuters, law professor Richard L. Hasen has an essay titled “Ruth Bader Ginsburg’s slam of Trump does the nation no favors.”

At the Daily Intelligencer blog of New York magazine, Jonathan Chait has a post titled “Ruth Bader Ginsburg and the Disintegration of Political Norms.”

At The Huffington Post, law professor Douglas W. Kmiec has a blog entry titled “Judging Trump — Was Justice Ginsburg Right To Criticize Donald Trump?

And at the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Constitution Check: Do Supreme Court Justices have a right to comment on politics?

Posted at 6:50 PM by Howard Bashman



Tuesday, July 12, 2016

Programming note: From early morning to mid-afternoon on Wednesday east coast time, I will be traveling to Irvine, California, where on Thursday I will be a panelist at the UC Irvine School of Law‘s “6th Annual Supreme Court Term in Review.”

The panel will be live-streamed, online via this link on Thursday beginning at 3 p.m. eastern time, noon pacific time.

Additional blog posts will appear here later tomorrow. As always, while I am traveling, “How Appealing” readers are invited to follow this blog’s Twitter feed, where appellate related retweets may appear more frequently.

Posted at 10:02 PM by Howard Bashman



“Supreme Court to consider report on Rio Grande case”: The Associated Press has an article that begins, “The nation’s highest court will likely have to settle a dispute between Texas and New Mexico over management of water from the Rio Grande.”

Posted at 9:26 PM by Howard Bashman



“9th Circuit: It’s a federal crime to visit a website after being told not to visit it.” Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 9:20 PM by Howard Bashman



“Justice Kennedy talks internet, ‘Hamilton,’ Scalia at conference in Big Sky”: Whitney Bermes of The Bozeman (Mont.) Daily Chronicle has this report.

Posted at 9:18 PM by Howard Bashman



“Planned Parenthood wins preliminary injunction in lawsuit against Herbert”: Daphne Chen of The Deseret News has this report.

Benjamin Wood of The Salt Lake Tribune has an article headlined “‘As far as we are concerned, the lawsuit is over’: Utah Planned Parenthood says court’s ruling on injunction gives group a win over guv.”

Jonathan Stempel of Reuters reports that “U.S. appeals court orders Utah to fund Planned Parenthood branch.”

And The Associated Press reports that “Appeals court orders Utah to fund Planned Parenthood branch.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.

Posted at 9:14 PM by Howard Bashman



“Donald Trump Rebukes Ruth Bader Ginsburg for Deriding His Candidacy”: Maggie Haberman of The New York Times has this report.

Posted at 3:05 PM by Howard Bashman



Federal Circuit overturns $172,465.75 award against federal government under the Unjust Conviction and Imprisonment Act because claimant later had to serve time anyway for other offenses: You can access today’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link.

The Republican of Springfield, Massachusetts previously provided coverage of this claimant’s involvement with the federal criminal justice system in articles headlined “Conviction overturned for Michael Crooker of Agawam, accused of being felon in possession of firearm” and “Michael Crooker of Agawam agrees to serve 15 years for possession of ricin and threatening prosecutor.”

You can access at this link the ruling of the U.S. Court of Federal Claims that had awarded compensation to the claimant.

Posted at 1:40 PM by Howard Bashman



“Justice Ruth Bader Ginsburg on Trump: ‘He is a faker,’ should share tax returns.” Joan Biskupic of CNN.com has this report.

Posted at 12:58 PM by Howard Bashman



“Mississippi Governor Asks Appeals Court To Allow Enforcement Of Anti-LGBT Law During Appeal; Mississippi Gov. Phil Bryant is fighting to defend HB 1523, a religious exemption law passed earlier this year; A federal judge halted enforcement of the law on June 30”: Chris Geidner of BuzzFeed News has this report.

Posted at 8:40 AM by Howard Bashman



Monday, July 11, 2016

“SCOTUS Briefs: Opinions’ Basic Building Blocks.” Adam Feldman has this post today at his “Empirical SCOTUS” blog.

Posted at 11:40 PM by Howard Bashman



“Both sides dealt setback in tour guide free-speech lawsuit”: The Associated Press has this report from Charleston, South Carolina.

Posted at 3:21 PM by Howard Bashman



That happy feeling that follows when you suggest a correction to the Term-end “SCOTUSblog” 2016 stat pack that’s fixed promptly thereafter: Followed by that sad feeling when you realize that a question about the stat pack which accompanied your suggested correction remains unresponded to.

Posted at 2:33 PM by Howard Bashman



“Limiting Pay for Play in College Sports”: Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, “The odds have gone up that the Supreme Court will consider whether rules governing amateur participation in U.S. college sports violate antitrust law.”

Posted at 2:24 PM by Howard Bashman



“Practically Speaking, The Death Penalty Is Disappearing In The United States; Although nearly 3,000 people are on death row in America, there has not been an execution in the country for two months — and few executions are expected in the coming months”: Chris Geidner of BuzzFeed News has this report today.

Posted at 1:36 PM by Howard Bashman



“First Circuit finds sentence enhanced based on a song (and thrice longer than guideline range) substantively unreasonable”: Douglas A. Berman has this post today at his “Sentencing Law and Policy” blog.

Posted at 1:34 PM by Howard Bashman



“Making use of a 4-to-4 split”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 1:28 PM by Howard Bashman