How Appealing



Monday, September 26, 2016

“Appeals Court Tosses Antitrust Judgment Against American Express; Court rules AmEx can bar merchants from steering customers toward other cards with lower fees”: Robin Sidel and Christopher M. Matthews of The Wall Street Journal have this report.

Jonathan Stempel of Reuters reports that “AmEx can bar merchants from steering card customers elsewhere.”

Bob Van Voris and Jennifer Surane of Bloomberg News report that “AmEx Can Bar Merchants From Steering Users to Rival Cards.”

And Larry Neumeister of The Associated Press reports that “Appeals court rules for American Express in fee dispute.”

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

Posted at 8:00 PM by Howard Bashman



“After A Very Bad Year, Americans Like The Supreme Court Again, Survey Finds; A bit of good news while the court limps along with only eight members”: Cristian Farias of The Huffington Post has this report.

Posted at 5:48 PM by Howard Bashman



In the October 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined “SCOTUS considers death penalty case in which expert testified race could predict future violence.”

Leslie A. Gordon has an article headlined “Law profs create 4th Amendment warning signs for lawns.”

And David L. Hudson Jr. has articles headlined “Lawsuits fail to loosen bar admission rules, but issue isn’t going away” and “Ex-con fights for prisoner rights and battles censorship.”

Posted at 5:36 PM by Howard Bashman



“After 30 years, influential 9th Circuit judge will shift to half-time”: Aimee Green of The Oregonian has this report.

Jeff Mapes of Oregon Public Broadcasting reports that “Influential Federal Appeals Judge From Oregon Reduces Role.”

And today, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled “Ninth Circuit Judge Diarmuid O’Scannlain to Assume Senior Status.”

Longtime readers of “How Appealing” will recall that Judge O’Scannlain was the second appellate judge to participate in the original iteration (as contrasted with the forthcoming reprise in conjunction with this blog’s approaching 15th anniversary) of this blog’s “20 Questions for the Appellate Judge” feature. You can read his interview at this link.

Posted at 5:24 PM by Howard Bashman



“The Supreme Court After Scalia: There has not been a liberal majority of Justices since Nixon was President; If Hillary Clinton is elected, that will change.” Jeffrey Toobin has this Annals of Law article in the October 3, 2016 issue of The New Yorker.

Posted at 12:54 PM by Howard Bashman



“The battle to save the Earth from Scalia’s ghost: The Obama administration’s most ambitious effort to fight climate change hangs in the balance.” Ian Millhiser has this post at ThinkProgress.

Posted at 10:05 AM by Howard Bashman



“Coal industry mounts unusual court-focused ad campaign; Radio ads urge a favorable decision from judges hearing high-stakes case Tuesday over Obama administration’s greenhouse gas policy”: Josh Gerstein of Politico.com has this report.

Posted at 10:03 AM by Howard Bashman



“In Unusual Term, Big Year for Amicus Curiae at the Supreme Court”: Anthony J. Franze and R. Reeves Anderson recently had this essay in The National Law Journal.

Posted at 10:02 AM by Howard Bashman