How Appealing



Thursday, August 18, 2016

“Faith and military duty: Do they conflict?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 5:24 PM by Howard Bashman



“Appeals Court Adds an Interesting Footnote to Bill Cosby Scandal; An appeals court won’t re-seal Cosby court documents, but seems to suggest that a federal judge was wrong in letting his deposition become public in the first place.” Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 10:35 AM by Howard Bashman



“In re batty boy bisexual case”: An eagle-eyed “How Appealing” reader has sent me an email bearing that title, referencing this post of mine from last night.

The email begins:

Thanks for your heroic work. But for you I would never have read the Jamaican deportation case, among other delights.

An under-reported issue in the case — is the IJ in the case below a man or a woman? Wood, writing for the majority refers to the IJ as “she,” but Posner refers to the IJ as “he.” Typo, unintentional ironic jab at the IJ, or is something more important going on here?

Let me begin by disclaiming any suggestion that running an appellate law blog is “heroic work.” Maniacally obsessive work perhaps, but heroic not so much.

Turning to the reader’s substantive point, it is indeed ironic in a case in which Seventh Circuit Judge Richard A. Posner‘s dissenting opinion affirmatively criticized the Immigration Judge for being unaware of the meaning of “bisexual” that the authors of the majority and dissenting opinions cannot even agree over whether male or female pronouns should be used to refer to the IJ. Perhaps a quick visit to PACER by one of this blog’s many readers to review the case filings in this appeal would clear-up any uncertainty surrounding the IJ’s gender. Should more information arrive via email on this subject, I will provide an update.

Update: As several readers have noted, Judge Posner has today updated his dissent to refer to the IJ using female pronouns, confirming that the IJ who decided the case was a woman. An excerpt of Judge Posner’s original, uncorrected dissent referring to the IJ using male pronouns appears in this tweet containing a snapshot of the dissent as originally issued.

Posted at 10:28 AM by Howard Bashman