How Appealing



Friday, January 27, 2017
Thursday, January 26, 2017

“Sen. Brown, Rep. Waters move to defend CFPB in D.C. Circuit appeal”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 6:10 PM by Howard Bashman



“Trump’s sister weighs in on Supreme Court pick; The president’s older sibling serves on a federal appeals court with Judge Thomas Hardiman, one of the two leading contenders to fill the vacant Supreme Court seat”: Shane Goldmacher of Politico.com has this report.

Posted at 10:24 AM by Howard Bashman



“Top court reviews free speech case of man’s anti-police rap”: Mark Scolforo of The Associated Press has an article that begins, “Pennsylvania’s highest court is reviewing the conviction of a Pittsburgh man for making threats against police in a rap song after he was charged with drug offenses.”

You can view Monday’s order of the Supreme Court of Pennsylvania granting allowance of appeal in the case at this link.

Posted at 9:55 AM by Howard Bashman



“Jeffrey MacDonald case gets new airing in 2 courts — law and public opinion”: Anne Blythe of The News & Observer of Raleigh, North Carolina has this report.

And The Associated Press reports that “Decades after killings, ‘Fatal Vision’ case back in court.”

The matter is scheduled for oral argument today before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit. Once the oral argument audio becomes available online, I will link to it.

Posted at 9:45 AM by Howard Bashman



Wednesday, January 25, 2017

“Trump Supreme Court Adviser Praises Judge Neil Gorsuch as Potential Heir to Scalia’s Legacy”: Jennifer Hansler of ABC News has this report.

Posted at 11:20 PM by Howard Bashman



“Brexit or Not, Parliament Reigns Supreme”: Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, “The U.K. Supreme Court’s judgment on Tuesday requiring Parliament to authorize Brexit was conservative in the deepest and best sense of the term.”

Posted at 2:58 PM by Howard Bashman



“Searching for Justice Scalia: Measuring the ‘Scalia-ness’ of the Next Potential Member of the U.S. Supreme Court.” Jeremy Kidd, Riddhi Sohan Dasgupta, Ryan D. Walters, and James Cleith Phillips have posted on SSRN this updated version of their paper.

According to the second paragraph of the paper’s abstract:

We have updated the paper in light of recent developments (see pages 12-15). Specifically, the shortlist is now rumored to be down to three names: Gorsuch, Hardiman, and Pryor. We have calculated the likelihood that the potential nominees will be the most Scalia-like of the group, and for comparison’s sake have added data on Chief Justice John Roberts and Justice Samuel Alito from their time on the D.C. Circuit and Third Circuit, respectively. We find that Gorsuch (62.2-79.4%) and Pryor (70.5-76.7%) have much higher likelihoods of being the most Scalia-like of the potential nominees than Hardiman (34.8-42.9%). In fact, Hardiman looks more like John Roberts (32.6-33.7%) or Samuel Alito (39.4-52.8%) did when they were federal appellate judges.

Interesting stuff!

Posted at 2:48 PM by Howard Bashman



“Trump Hires A Veteran Of Past Republican Judicial Wars To Handle Court Nominations; Makan Delrahim, a former top staffer on the Senate Judiciary Committee, has been hired as deputy White House counsel; Sources say he’ll work on judicial nominations, including the upcoming US Supreme Court pick”: Zoe Tillman of BuzzFeed News has this report.

Posted at 2:36 PM by Howard Bashman



“Trump Supreme Court justice pick narrows to two names”: Major Garrett, Jan Crawford, and Adam Aigner-Treworgy of CBS News have this report.

Posted at 11:32 AM by Howard Bashman



“Here’s why I think Hardiman is more likely than Gorsuch to be the nominee”: Matthew Stiegler has this post today at his “CA3blog.”

Posted at 11:25 AM by Howard Bashman



“Bringing Cases in an Unusual Term: Top Petitioners and Cert Amici”: Adam Feldman has this post today at his “Empirical SCOTUS” blog.

Posted at 11:09 AM by Howard Bashman



“A Supreme Court Pick Is Promised. A Political Brawl Is Certain.” Michael D. Shear and Adam Liptak have this front page article in today’s edition of The New York Times.

The new installment of Carl Hulse’s “On Washington” column in today’s edition of The New York Times is headlined “Democrats, With Garland on Mind, Mobilize for Supreme Court Fight.”

And online at The Chicago Tribune, columnist John Kass has an essay titled “Democrats should support Scalia-like nominee to Supreme Court.”

Posted at 8:46 AM by Howard Bashman



Tuesday, January 24, 2017

“Trump close to naming nominee for Supreme Court”: Robert Barnes of The Washington Post has this report.

Jess Bravin of The Wall Street Journal reports that “Donald Trump Narrows List of Supreme Court Nominees; List comprises handful of federal appellate judges admired in conservative circles to replace Justice Antonin Scalia.”

Greg Stohr of Bloomberg News reports that “Trump Supreme Court List Said to Be Topped by Hardiman, Gorsuch.”

And at “Above the Law,” David Lat has a post titled “Supreme Court Update: And Then There Were Three Four.”

Posted at 10:42 PM by Howard Bashman



“SCOTUS Associate Justice Sonia Sotomayor visits ASU; The Associate Justice to the Supreme Court discussed both personal adversities and the role of the court in modern America”: Ryan Cloughley of The State Press, the student newspaper of Arizona State University, has this report.

And Mary Beth Faller of ASU Now reports that “Justice Sonia Sotomayor tells ASU crowd that confirmation process is broken; Supreme Court judge says good high-court nominees would never predict how they would rule ahead of time on a given case.”

Posted at 5:48 PM by Howard Bashman