How Appealing



Saturday, September 17, 2016

“Elena Kagan Keeps It Real, Says Having An Eight-Member Supreme Court Is Not ‘Cost-Free’; The junior justice shed light on the dynamics of not having a ninth benchmate”: Cristian Farias of The Huffington Post has this report today.

Posted at 9:03 PM by Howard Bashman



Friday, September 16, 2016

“Christie asks Supreme Court to revisit landmark Abbott case”: In today’s edition of The Newark (N.J.) Star-Ledger, Adam Clark has a front page article that begins, “Gov. Chris Christie is asking the state Supreme Court to reopen the landmark Abbott v. Burke school funding case and to give the state education chief power to bypass laws and bargaining agreements that protect veteran teachers, the governor’s office announced Thursday.”

And in today’s edition of The Record of Hackensack, New Jersey, Hannan Adely and Salvador Rizzo have a front page article headlined “Christie asks court to revisit landmark school funding case.”

Posted at 11:28 AM by Howard Bashman



Thursday, September 15, 2016

“Stevens’ light still shines brightly”: David Thomas and Emily Donovan of the Chicago Daily Law Bulletin have an article that begins, “Decades before he would be nominated by President Gerald Ford to the U.S. Supreme Court, John Paul Stevens was a 12-year-old kid watching the Chicago Cubs play in the 1932 World Series.”

Posted at 11:15 PM by Howard Bashman



“U.S. Appeals Court Rules Mental-Health Ban on Gun Ownership May Violate Rights; Judges have been struggling to define boundaries of the Second Amendment”: Joe Palazzolo has this post at WSJ.com’s “Law Blog.”

Kevin Koeninger of Courthouse News Service reports that “Gun Ban Struck Down for Involuntarily Committed.”

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Man who was involuntarily committed 30 years ago might regain Second Amendment rights.”

You can access today’s en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Sixteen judges of the Sixth Circuit took part in the en banc ruling, and, if my count is correct, eight of them issued opinions in the case today.

As Lyle Denniston noted in a post from December 2014 titled “Appeals court: Gun control must meet toughest test” published at “SCOTUSblog,” the original three-judge panel’s opinion in the case applied strict scrutiny to invalidate the challenged ban. A majority of the judges participating in today’s en banc Sixth Circuit ruling instead have chosen to apply intermediate scrutiny in evaluating the ban.

Posted at 10:58 PM by Howard Bashman



“Donald Trump Wants Peter Thiel On The Supreme Court, Sources Say; The eccentric billionaire endorsed Trump in a speech at the Republican National Convention this summer”: Ben Walsh and Ryan Grim of The Huffington Post have this report.

Posted at 10:18 PM by Howard Bashman



“Joan Biskupic on reporting about the U.S. Supreme Court”: You can access at this link the latest installment of the UCI Law Talks podcast.

Posted at 10:05 PM by Howard Bashman



“The Murder Of Dan Markel: Tensions Between Police And Prosecutors.” David Lat has this post at “Above the Law.”

Posted at 9:50 PM by Howard Bashman



The New Mexico Bar Association’s 27th Annual Appellate Practice Institute takes place tomorrow in Albuquerque: The reduced volume of blogging here this week, which will continue through Saturday evening, can be attributed to the wonderful time I have been having traveling through northern New Mexico this week. The scenery and Native American history that I have observed (the preceding two links just being an example of each category) have been outstanding.

My visit to New Mexico will conclude with a presentation I will be delivering tomorrow at the event mentioned in the title of this post. You can access the agenda’s event at this link.

As always when I am traveling, additional appellate related retweets are likely to appear at this blog’s Twitter feed.

Posted at 8:04 PM by Howard Bashman



“Judge sharply questions defense of Indiana’s Syrian refugee ban: ‘Oh, honestly. You are so out of it.'” Stephanie Wang of The Indianapolis Star has this report.

Matt Ford of The Atlantic has a report headlined “‘Are Syrians the Only Muslims Indiana Fears?’; A three-judge panel proves skeptical of Indiana’s efforts to turn away Syrian refugees.”

Dave Stafford of The Indiana Lawyer reports that “Judges blister Pence’s position, solicitor general in Syrian refugee case.”

Patricia Manson of the Chicago Daily Law Bulletin reports that “Bid to block Syrian refugees hits a wall.”

And Jack Bouboushian of Courthouse News Service reports that “Indiana Ban on Syrian Refugees Draws Mockery From 7th Circuit.”

You can access the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (18.6 MB mp3 audio file).

Posted at 7:54 PM by Howard Bashman



“A Conversation with U.S. Supreme Court Justice Elena Kagan”: The George Washington University Law School hosted this event on Tuesday, and you can view the video at this link.

If you were hoping to see Justice Kagan in Louisville today, however, you were out of luck, because as Matthew Glowicki of The Louisville Courier-Journal reports, “Justice Kagan U of L visit to be rescheduled.”

Posted at 7:24 PM by Howard Bashman



Wednesday, September 14, 2016

“Why We Don’t Need a Ninth Supreme Court Justice: The hand-wringers are wrong — an evenly split Supreme Court would end a narrow majority imposing its out-of-step will and would be good for the country.” Law professor Eric Segall has this essay online today at The Daily Beast.

Posted at 11:06 PM by Howard Bashman



“Leaked documents reveal secretive influence of corporate cash on politics; Sealed Wisconsin court documents from Scott Walker investigation expose extent of corporate influence on democratic process rarely seen by the public”: Ed Pilkington of The Guardian (UK) has this report.

Posted at 10:50 PM by Howard Bashman



“Patent Venue at the Supreme Court: Correcting a 26 Year Old Legal Error.” Dennis Crouch has this post today at his “Patently-O” blog.

Posted at 10:44 PM by Howard Bashman



Tuesday, September 13, 2016

“Police Allege Brother-in-Law of Florida State Law Professor Dan Markel Orchestrated Execution-Style Killing”: Steve Helling and Jeff Truesdell of People magazine have this report today.

Posted at 11:02 PM by Howard Bashman



“A Closer Look At Kirkland & Ellis’s Pickup Of The Bancroft Lawyers”: David Lat has this post today at “Above the Law.”

Posted at 11:00 PM by Howard Bashman



“Constitution Check: Does the government have power to protect sacred Indian sites?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:52 PM by Howard Bashman