How Appealing



Friday, September 30, 2016

“Court refuses to release names of US-trained military leaders”: Bob Egelko of The San Francisco Chronicle has an article that begins, “Bay Area activists have no right to force public disclosure of the names of Latin American military leaders trained at a U.S. Army installation formerly known as the School of the Americas, a divided federal appeals court ruled Friday.”

And The Associated Press has a report headlined “Court: US does not have to disclose Army school trainees.”

My earlier coverage of today’s Ninth Circuit ruling can be accessed here.

Posted at 8:14 PM by Howard Bashman



“Supreme Court Continues to Steer Clear of Ideological Disputes; Still short a justice, the high court opens new term focusing on nuts-and-bolts cases”: Jess Bravin of The Wall Street Journal has this report.

Posted at 6:14 PM by Howard Bashman



“Presidential Election Likely To Impact Short Handed Supreme Court”: This audio segment featuring Nina Totenberg appeared on yesterday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 5:26 PM by Howard Bashman



“Court weighs releasing names of U.S.-trained military leaders”: In May 2016, Bob Egelko of The San Francisco Chronicle had an article that begins, “A federal appeals court panel appeared to be divided Friday on whether the government must disclose the names of Latin American military leaders it has trained at the installation formerly known as the School of the Americas, whose graduates include some who have been implicated in human rights abuses.”

Today, by a vote of 2-to-1, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision holding that the names are not subject to disclosure.

Posted at 1:55 PM by Howard Bashman



“How Barack Obama Lost the Judicial Nomination Standoff: Or did he win after all?” Dahlia Lithwick has this essay online at Slate.

Posted at 1:32 PM by Howard Bashman



“The Legal Fiction That Could Kill Duane Buck: A man’s life hinges on the Supreme Court’s evaluation of racist testimony during his sentencing.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 11:02 AM by Howard Bashman



“Taking Stock: New Cases and an Emerging Picture of the Term.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 11:00 AM by Howard Bashman



“N.H. Supreme Court orders murder victim’s sexual history remain sealed”: Alyssa Dandrea has this front page article in today’s edition of The Concord Monitor.

In today’s edition of The New Hampshire Union Leader, Shawne K. Wickham has a front page article headlined “Supreme Court: Marriott records will remain sealed.”

Travis Andersen of The Boston Globe reports that “Details about N.H. murder victim’s sexual history to remain sealed.”

And The Associated Press reports that “Court upholds teen rape and murder victim’s privacy rights.”

You can access yesterday’s order of the Supreme Court of New Hampshire at this link.

Posted at 10:55 AM by Howard Bashman



“Judges and Journalists: Accuracy and Access.” The National Constitution Center will be hosting this program in Philadelphia on Monday, November 14, 2016. You can access the program’s agenda at this link.

This Constitution Center event is taking place very next day after this year’s Appellate Judges Education Institute Summit concludes in Philadelphia. If you haven’t yet signed-up to attend the 2016 AJEI Summit, there’s still time to do so via this link.

Posted at 10:00 AM by Howard Bashman



Thursday, September 29, 2016

“Federal appeals court strikes down ballot selfies ban”: Kevin Landrigan of The New Hampshire Union Leader has this report.

In today’s edition of The Concord Monitor, David Brooks has a front page article headlined “State’s law against ‘ballot selfies’ again rejected by federal court.”

Katie Rogers of The New York Times reports that “Court Overturns New Hampshire Ban on Selfies (and Snapchat) in Voting Booths.”

Joe Palazzolo of The Wall Street Journal reports that “Appeals Court Overturns Ban on Selfies in Voting Booths; First Circuit strikes down a New Hampshire law that banned voters from sharing photos of their marked ballots on social media.”

Jaclyn Reiss and Milton Valencia of The Boston Globe have an article headlined “Go ahead and take a ballot selfie — it’s now legal in N.H.

Gintautas Dumcius of The Republican of Springfield, Massachusetts reports that “US appeals court says ban on ‘ballot selfies’ is unconstitutional.”

The Associated Press has a report headlined “Court: Law banning people’s ballot photos unconstitutional.”

David Kravets of Ars Technica reports that “New Hampshire law barring ballot selfies is unconstitutional, court rules; Not even the motive to limit voter coercion can bar right to ballot booth selfies.”

Chris Geidner of BuzzFeed News reports that “New Hampshire ‘Ballot Selfie’ Ban Is Unconstitutional, Appeals Court Rules; The ACLU — supported by a journalists’ group and Snapchat — sued the state over the law.”

Cristian Farias of The Huffington Post has an article headlined “Snapchat Fans, Rejoice: Ballot Selfies Are Totally Constitutional In New Hampshire; You can’t be prosecuted for uploading a selfie while you cast your vote.”

And Josh Gerstein of Politico.com has a blog post titled “Appeals court: Ballot selfie ban unconstitutional.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 11:55 PM by Howard Bashman



“Supreme Court to Hear Case on Objectionable Trademarks; The case involving the name of an Asian-American rock band could have implications for the Washington Redskins”: Brent Kendall and Jess Bravin of The Wall Street Journal have this report.

Posted at 4:56 PM by Howard Bashman



“Obama’s Former Supreme Court Lawyer Says He ‘Hated Losing’ Big Immigration Case; Donald Verrilli, who helped save Obamacare twice, is returning to private practice”: Cristian Farias of The Huffington Post has this report.

Posted at 4:55 PM by Howard Bashman



“At heart of transgender rights case at SCOTUS, a controversial legal doctrine”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 4:45 PM by Howard Bashman



“Conservative legal tactic could imperil Clinton agenda; By shopping for like-minded judges and seeking nationwide injunctions, GOP-led states have had success blocking presidential orders”: Josh Gerstein of Politico.com has this report.

Posted at 1:38 PM by Howard Bashman



“‘I Wanted to Dramatize the Racist Attitude of the Majority’: An interview with 94-year-old Judge Damon Keith, author of the most important voting rights dissent in recent history.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 1:28 PM by Howard Bashman



“Law on Disparaging Trademarks Gets Supreme Court Review”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court to review case important to Redskins trademark fight.”

David G. Savage of The Los Angeles Times reports that “Supreme Court to decide if offensive names like ‘Redskins’ and ‘Slants’ can be trademarked.”

Richard Wolf of USA Today reports that “Supreme Court to consider disparaging trademarks” and “Supreme Court to hear special education case.”

Greg Stohr of Bloomberg News reports that “Supreme Court Takes Up Trademark Case That Might Affect Redskins” and “Credit-Card Surcharge Laws Draw Review at U.S. High Court.”

Andrew Chung of Reuters reports that “U.S. top court to hear dispute over trademark for band The Slants.” And Lawrence Hurley of Reuters reports that “U.S. Supreme Court agrees to hear credit card surcharge fee fight.”

Posted at 1:20 PM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court today granted review in eight new cases.

In early news coverage, The Associated Press reports that “Supreme Court to hear challenge over offensive trademarks“; “Supreme Court to hear ‘swipe fees’ case“; “Supreme Court to hear case over deportations“; “Justices take up fight over refunding fees in criminal cases“; and “Supreme Court says it will hear special education case.”

Posted at 9:42 AM by Howard Bashman



“The Climate-Change Countdown: Why a Donald Trump Supreme Court pick could destroy progress in the fight against global warming.” Elizabeth Kolbert has this post online today at The New Yorker.

Posted at 9:23 AM by Howard Bashman



Wednesday, September 28, 2016

“Obama’s Clean Power Plan gets court showdown”: Richard Wolf of USA Today has an article that begins, “The nation’s second most powerful court spent nearly seven hours Tuesday trying to decide whether President Obama’s signature plan to fight global warming represents a transformative environmental initiative or tramples on the prerogatives of Congress and the states.”

Ann E. Marimow and Brady Dennis of The Washington Post report that “Appeals court considers Obama’s climate change plan.”

Coral Davenport of The New York Times reports that “Appeals Court Hears Challenge to Obama’s Climate Change Rules.”

Amy Harder of The Wall Street Journal reports that “Power-Plant-Emissions Court Case Raises Questions on EPA Rules’ Scope; Judges focus on whether the agency overstepped its legal authority.”

Oliver Milman of The Guardian (UK) reports that “Obama’s climate change legacy at stake as Clean Power Plan has its day in court; Seven hours of legal argument on states’ right to allow carbon pollution may determine the fate of the centerpiece of US efforts to limit climate change.”

Andrew M. Harris and Jennifer A. Dlouhy of Bloomberg News report that “Obama’s Climate Legacy Under Fire as Power Plan Faces Test.”

Valerie Volcovici of Reuters reports that “Obama power plant rules face key test in court.”

Ariane de Vogue of CNN.com reports that “Appeals court hears high-stakes challenge to Obama’s clean power plan.”

Lastly, Amanda Reilly of Greenwire has an article headlined “Lawyers, law profs dish in marathon court session’s wake,” while Ellen M. Gilmer of EnergyWire has an article headlined “Oral arguments: the blow by blow.”

You can access here (part one) and here (part two) the audio of yesterday’s marathon oral argument before the en banc U.S. Court of Appeals for the D.C. Circuit.

Posted at 11:22 PM by Howard Bashman



“9th Circuit in Picasso case: U.S. judges can look beyond briefs to interpret foreign law.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 10:48 PM by Howard Bashman



“Obama’s former Supreme Court lawyer, Don Verrilli, joins L.A. law firm”: David G. Savage of The Los Angeles Times has this report.

Sari Horwitz of The Washington Post reports that “Former solicitor general Donald Verrilli to open D.C. office of California law firm.”

And Elizabeth Olson of The New York Times reports that “Donald Verrilli, Former Solicitor General, to Join Law Firm.”

Today, the law firm of Munger, Tolles & Olson LLP issued a news release titled “Former Solicitor General Don Verrilli Joins Munger Tolles to Open DC Office.”

Posted at 3:38 PM by Howard Bashman