How Appealing



Thursday, August 25, 2016

“Rendell’s role in Third Circuit en banc cases, and another look at whether the court uses en banc rehearing ideologically”: Matthew Stiegler has this post at his “CA3blog.”

Posted at 11:04 AM by Howard Bashman



“Hillary Clinton will likely have a unique chance to remake the federal judiciary”: Matthew Yglesias has this post at Vox.com.

Posted at 9:37 AM by Howard Bashman



“The Tenth Circuit vs. Brand X”: Daniel Hemel has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:33 AM by Howard Bashman



Wednesday, August 24, 2016

Judge Gorsuch, merely a dissent away from the appellate judging trifecta: As readers are well aware, the author of this blog has long viewed opinions written by Tenth Circuit Judge Neil M. Gorsuch as must-read. In addition, the author of this blog is amused ever so slightly when the same judge who wrote the opinion of the court for an appellate panel also adds a concurring opinion. In such instances, the authoring judge is merely a dissenting opinion away from the seemingly ever elusive appellate judging trifecta. (For those keeping score at home, this blog’s archives reveal that the trifecta has been achieved at least once during in the more than 14-year history of “How Appealing.”)

Yesterday, the U.S. Court of Appeals for the Tenth Circuit issued a decision that checked both of those first two boxes. Even better, insofar as some readers are concerned, the opinions deal with the still controversial subject of Chevron deference.

Posted at 11:02 AM by Howard Bashman



“Kansas is latest state to press for voter restrictions”: John Bacon of USA Today has this report.

Reuters reports that “Kansas asks U.S. appeals court to reinstate strict voter ID rule.”

And The Associated Press reports that “Court considers Kansas rule that voters prove citizenship.”

You can access via this link (4.46 MB mp3 audio file) the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.

Posted at 10:42 AM by Howard Bashman



Tuesday, August 23, 2016

“Federal appeals court orders a new trial in 1991 murder of 17-year-old girl killed for her earrings”: Robert Moran of The Philadelphia Inquirer has an article that begins, “A federal appeals court ruled Tuesday that a Philadelphia man sentenced to die for the 1991 murder of a teenage girl who was killed for her earrings should be freed or granted a new trial because evidence suggesting his innocence was withheld by police and prosecutors.”

You can access today’s 227-page en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 11:14 PM by Howard Bashman



“SF court casts doubt on cockfighting as a deportable crime”: Bob Egelko of The San Francisco Chronicle has this report.

And Maura Dolan of The Los Angeles Times reports that “Federal appeals court sides with immigrant convicted of cockfighting.”

Circuit Judge John B. Owens issued today’s ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

And today at “Above the Law,” Kathryn Rubino has a post about Circuit Judge Owens titled “Our New Favorite Federal Jurist Punches Up Opinions With Pop Culture References.” See also this earlier “How Appealing” post.

Posted at 8:30 PM by Howard Bashman



This month in “How Appealing” history: Thirty years ago this month, your law blogger arrived in Atlanta as a 21-year-old first-year student at the Emory University School of Law, which coincidentally is celebrating its 100th anniversary this academic year. Here’s wishing all of the thousands of law students who are beginning their law school journeys this month a rewarding and meaningful career that surpasses all of their hopes and expectations. And for those who wonder if this blog will still be around in 30 years from now, Lyle Denniston still actively blogs about the law at the tender age of 85.

Posted at 8:06 PM by Howard Bashman



“Employer alert: Your arbitration clause is going to be tested at SCOTUS.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 6:00 PM by Howard Bashman



“The summer of Sandra Day O’Connor, then and now”: Joan Biskupic of CNN.com has an article that begins, “She always insisted it was luck that led to her appointment as the first woman on the US Supreme Court. But Sandra Day O’Connor was ready for her luck. She demonstrated that 35 years ago this summer when Reagan administration lawyers flew to Arizona to interview her as one of several candidates for a court vacancy.”

Posted at 11:25 AM by Howard Bashman



“Ohio inmate who survived ’09 execution appeals to high court”: The Associated Press has a report that begins, “A condemned Ohio killer who survived a 2009 botched execution is asking the U.S. Supreme Court to declare that a second attempt to put him to death would be unconstitutional.”

As Court News Ohio previously reported, in March 2016 the Supreme Court of Ohio ruled 4-to-3, in a decision you can access here, that “Second Execution Attempt Is Not Cruel and Unusual Punishment.”

This blog’s earlier coverage of this particular botched execution appears at this link.

Posted at 10:30 AM by Howard Bashman



“Differences aside, Supreme Court unites Trump, Senate GOP”: Sam Hananel and Mary Clare Jalonick of The Associated Press have this report.

Posted at 10:09 AM by Howard Bashman



“U.S. appeals court strikes down Ernst & Young class action waiver”: Robert Iafolla of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

In her dissenting opinion, Circuit Judge Sandra S. Ikuta wrote that the majority’s decision was “breathtaking in its scope and in its error; it is directly contrary to Supreme Court precedent and joins the wrong side of a circuit split.” Yesterday’s decision is unlikely to be the last we hear of this case.

Posted at 10:00 AM by Howard Bashman



“Suit over alleged sexual assault at Bucknell over after four years”: John Beauge of The Patriot-News of Harrisburg, Pennsylvania had this article back in May 2015.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision affirming the entry of summary judgment in favor of Bucknell University and various of its employees. [Update: This post has been corrected to note that the entry of summary judgment was in favor of these defendants.]

Posted at 9:50 AM by Howard Bashman



“Where the Death Penalty Still Lives: As capital punishment declines nationwide, a tiny fraction of the country generates an alarming number of death sentences; What this new geography tells us about justice in America.” Emily Bazelon will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

Posted at 8:30 AM by Howard Bashman



Monday, August 22, 2016

“On Voting, North Carolina Case Is Test for Justices”: Kenneth Jost has this post today at his blog, “Jost on Justice.”

Posted at 11:14 PM by Howard Bashman



“A leading contender for open Georgia Supreme Court seat pulls out of running”: Greg Bluestein of The Atlanta Journal-Constitution has this report.

Posted at 10:14 PM by Howard Bashman



“How Did Justice Scalia Shape American Policing? Donald Trump wants a Supreme Court appointee like the formidable late judge; But Scalia had a controversial and sometimes conflicted opinion on law enforcement.” Law professor Barry Friedman has this essay online at The Atlantic.

Posted at 9:50 PM by Howard Bashman



“California Supreme Court allows teacher tenure laws to stand”: Bob Egelko of The San Francisco Chronicle has this report.

Howard Blume and Joy Resmovits of The Los Angeles Times report that “In a major win for teachers unions, state Supreme Court lets teacher tenure ruling stand.”

Emma Brown of The Washington Post reports that “California Supreme Court decision leaves state’s teacher tenure law in place.”

The Associated Press reports that “California court decision keeps teacher tenure protections.”

And Bloomberg News reports that “California Teacher Tenure Is Left Intact by State’s High Court.”

You can access today’s order of the Supreme Court of California denying review, and the dissents therefrom, via this link.

Posted at 9:28 PM by Howard Bashman



“How Zika could change the politics of late-term abortion: The virus causes birth defects, a factor that might influence some views on abortion.” Jennifer Haberkorn of Politico.com has this report.

Posted at 8:45 PM by Howard Bashman



“Constitution Check: Has the U.S. war against ISIS in Syria been illegal from the start?” Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 8:00 PM by Howard Bashman