How Appealing



Tuesday, January 24, 2017

“7th Circuit: You can’t sue over personal data unless it’s at risk.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 5:30 PM by Howard Bashman



“Trump narrows down Supreme Court nominee list to 3”: Mark Sherman and Vivian Salama of The Associated Press have this report.

Posted at 5:14 PM by Howard Bashman



“Trump set to make Supreme Court choice this week, several judges on short list”: Bill Mears of FoxNews.com has this report.

Posted at 3:24 PM by Howard Bashman



“Oral Argument in Lee v. Tam: Justice by Justice.” Erica Goldberg recently had this post at her “In a Crowded Theater” blog.

Her post concludes, “Given the views and concerns of the Justices, I think this case may split 4-4. A split decision would create no Supreme Court precedent but would uphold the decision of the Federal Circuit, which invalidated the disparagement bar as unconstitutional.”

Posted at 3:21 PM by Howard Bashman



“Trump says he will pick Supreme Court justice next week”: David M Jackson and Richard Wolf of USA Today have this report.

And Eliana Johnson and Shane Goldmacher of Politico.com have an article headlined “Trump’s down to three in Supreme Court search; Trump plans to nominate a replacement for the late Justice Antonin Scalia next week” that begins, “President Donald Trump has narrowed his first Supreme Court nomination down to three finalists with Tenth Circuit judge Neil Gorsuch and Third Circuit judge Thomas Hardiman emerging as the frontrunners while Eleventh Circuit Judge Bill Pryor remains in the running but fading, according to people familiar with the search process.”

Posted at 1:42 PM by Howard Bashman



“Big Money’s Other Casualty: Fair Courts — Record spending by secretive outside special interests in state supreme court races poses a stark threat to the impartiality of the nation’s courts.” Dorothy Samuels and Alicia Bannon have this article online at The American Prospect.

Posted at 11:52 AM by Howard Bashman



“Appeals court won’t rehear case on Microsoft data abroad”: Josh Gerstein of Politico.com has a blog post that begins, “A federal appeals court is letting stand a ruling in a closely-watched case holding that Microsoft did not have to comply with a U.S. government demand for data stored overseas.”

You can access today’s order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc by an evenly divided vote, and the opinions concurring in and dissenting from the order, at this link. And yes, Circuit Judge Dennis Jacobs still prefers “in banc” to “en banc.”

Posted at 10:36 AM by Howard Bashman



The D.C. Circuit begins tackling the difficult issues: Today, the U.S. Court of Appeals for the D.C. Circuit issued a “Notice Regarding ‘Line Standing.’

The notice provides in full:

Only individuals who actually plan to attend argument will be allowed to line up inside the courthouse for Court of Appeals arguments. “Line standers” will not be permitted.

Who will have standing to challenge the new line standing regulation remains to be determined. The D.C. Circuit also continues to discourage acronyms from attending its oral arguments.

Posted at 10:18 AM by Howard Bashman



“Will a Tiny, Blind, Subterranean Bug Be the Undoing of the Federal Leviathan?” Today at the blog of the Library of Law and Liberty, Mark Pulliam has a post that begins, “In 1942, deciding the case of Wickard v. Filburn, the U.S. Supreme Court deemed the wheat grown by an Ohio farmer purely for his own use and consumption — not for sale — to ‘exert a substantial effect on interstate commerce.'”

Posted at 10:12 AM by Howard Bashman



Monday, January 23, 2017

“Appeals Court Makes It Tougher for Content Companies to Sue Tech Services for Mass Piracy; A legally infamous adult publisher — along with friends at the Recording Industry Association of America — suffer a defeat”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Posted at 10:02 PM by Howard Bashman



“Federal appeals panel, citing Oregon’s anti-SLAPP law, tosses out lawsuit against rape accuser”: Mike Rogoway of The Oregonian has an article that begins, “A federal appeals court has tossed out a Portland man’s defamation lawsuit against a woman who accused him of sexual assault, citing an Oregon law designed to discourage suits that impinge on free expression.”

You can access last Tuesday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 9:44 PM by Howard Bashman



“Why Obama Struggled at Court, and Trump May Strain to Do Better”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 5:57 PM by Howard Bashman



Sunday, January 22, 2017

“Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim”: Eric Lipton and Adam Liptak of The New York Times have this report.

Posted at 9:52 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: ‘The U.S. Court of Appeals for the D.C. Circuit will be closed on . . . January 20, 2017.'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:20 PM by Howard Bashman



“GOP eyes new push to break up California court”: Lydia Wheeler of The Hill has an article that begins, “Republican lawmakers are eyeing a new push to break up the California-based federal court of appeals, which is widely considered one of the most liberal courts in the country.”

Posted at 1:37 PM by Howard Bashman



“How Trump can use Obamacare to kill Obamacare: The same executive authority the Obama administration used to implement the law may now be used to dismantle it.” Dan Diamond of Politico.com has this report.

Posted at 1:08 PM by Howard Bashman



Saturday, January 21, 2017

“In rare reversal, Texas Supreme Court takes gay marriage case”: Chuck Lindell of The Austin American-Statesman has an article that begins, “In a rare reversal, the all-Republican Texas Supreme Court accepted a gay marriage case Friday after pressure from state GOP leaders and grass-roots activists.”

Mike Ward of The Houston Chronicle reports that “High court takes Houston same-sex benefits case after prod by GOP leaders.”

Lauren McGaughy of The Dallas Morning News reports that “At GOP leaders’ urging, Texas Supreme Court will consider undoing gay spousal rights.”

Alexa Ura of The Texas Tribune reports that “After GOP appeal, Texas Supreme Court agrees to take up same-sex marriage case; The Texas Supreme Court reversed course and agreed to take up a case involving benefits for married same-sex couples after Republican leaders urged the court to reconsider its earlier 8-1 decision to let a lower court decision stand.”

And John Wright of The Texas Observer reports that “Texas GOP Still Trying to Chip Away at Gay Marriage Ruling; Proposals in the Legislature and a case taken by the Texas Supreme Court attempt to turn back some of the federal law allowing gay marriage.”

Posted at 1:48 PM by Howard Bashman



“Law school clinic case advances to Supreme Court; Outcome could have major ramifications for workers rights”: The Cavalier Daily, the student newspaper of the University of Virginia, has this report.

Posted at 1:30 PM by Howard Bashman



“U.S. Supreme Court to hear case of former Akron woman deported over husband’s Bosnian war crimes”: Eric Heisig of The Cleveland Plain Dealer has this report.

Posted at 1:26 PM by Howard Bashman