How Appealing



Saturday, January 21, 2017

“Workplace lawsuits could rise under Trump, but Supreme Court still a wild card”: Alexia Elejalde-Ruiz of The Chicago Tribune has this report.

Posted at 1:22 PM by Howard Bashman



“Immunity in High Places: Can government officials be held individually responsible for constitutional violations? And why one NFL team is so interested in a trademark challenge.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 1:08 PM by Howard Bashman



Friday, January 20, 2017

“Supreme Court to hear case about arrests at party in D.C. house”: Robert Barnes has this article in today’s edition of The Washington Post.

Posted at 8:40 PM by Howard Bashman



“How the States Can Help Trump Make Federalism Great Again: State attorneys general should work together to roll back the federal government’s overreach.” Law professor Josh Blackman has this essay online at National Review.

Posted at 8:20 PM by Howard Bashman



“Supreme Court Weighs Whether Bush Officials Can Be Sued Over Post-9/11 Abuse”: Eric Lichtblau of The New York Times has this report.

Ann E. Marimow and Abigail Hauslohner of The Washington Post report that “Post-Sept. 11 profiling case tests government officials’ broad immunity from civil suits.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Appears Split on Whether Immigrants Captured in 9/11 Sweeps Can Sue Officials; Plaintiffs held in Brooklyn detention center under harsh conditions allege violations of constitutional rights by former Attorney General John Ashcroft, other government officials.”

Richard Wolf of USA Today reports that “Supreme Court justices favor Bush officials in Sept. 11 detainee case.”

And Cristian Farias of The Huffington Post reports that “Obama Lawyer Urges Supreme Court To Shield High-Ranking Officials From Lawsuits; The administration’s final argument before the justices could empower the next president.”

You can access at this link the transcript of Wednesday’s U.S. Supreme Court oral argument in Ziglar v. Abbasi, No. 15-1358.

Posted at 2:38 PM by Howard Bashman



“Supreme Court Review of The Short-Listers’ Decisions”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 1:33 PM by Howard Bashman



Thursday, January 19, 2017

“Justices Appear Willing to Protect Offensive Trademarks”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Can disparaging trademarks be denied? The Supreme Court is skeptical.”

David G. Savage of The Los Angeles Times has an article headlined “Asian American band the Slants takes its trademark battle to the Supreme Court: Is it free speech or a racial slur?

Richard Wolf of USA Today reports that “Justices dubious about government denials of ‘derogatory’ trademarks.”

Brent Kendall of The Wall Street Journal reports that “High Court Ponders Whether the Right to Offend Can be Trademarked; Argument by Asian-American band the Slants that government’s refusal to register certain trademarks because of content is burden to free speech finds support among justices.”

Cristian Farias of The Huffington Post has an article headlined “Who’s To Say The Word ‘Slants’ Offends Asians? The Supreme Court, That’s Who; How an Asian-American band — and its First Amendment case — gains an NFL owner as a fan.”

And on yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Considers Trademark Battle Over Band Name.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Lee v. Tam, No. 15-1293.

Posted at 9:58 AM by Howard Bashman



“Indiana’s sole minority Supreme Court Justice to retire this year”: Fatima Hussein of The Indianapolis Star has this report.

Posted at 9:38 AM by Howard Bashman



Tuesday, January 17, 2017

Programming note: The 2017 Appellate Judges Education Institute Summit will take place in Long Beach, California in November 2017. And tomorrow evening and Thursday morning, the AJEI’s Education Committee will meet in Long Beach to plan the substance of this year’s Summit. As a result, I will be spending much of tomorrow in transit to California.

The U.S. Supreme Court is expected to issue one or more opinions in argued cases tomorrow at 10 a.m. eastern time. Once the Court posts any opinions online, you can access them via this link.

And tomorrow afternoon, via this link, you will be able to access the transcripts of the cases that are being orally argued tomorrow morning at the U.S. Supreme Court.

As always while I am traveling, more frequent appellate-related retweets will appear on this blog’s Twitter feed, which I hope you will choose to follow if you haven’t already done so.

Posted at 8:04 PM by Howard Bashman



“Supreme Court case sets the stage for future officials’ accountability”: Abigail Hauslohner and Ann E. Marimow of The Washington Post have this report.

Posted at 2:24 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: ‘It’s Like the D.C. Circuit is Actively Trying to Undermine Your Column.'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:42 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General’s office in one case — the New Jersey sports betting case.

Posted at 9:32 AM by Howard Bashman



Monday, January 16, 2017

“Rock band ‘The Slants’ takes on Supreme Court”: Richard Wolf of USA Today has this report.

Michael Doyle of McClatchyDC has an article headlined “So ‘Redskins’ isn’t the only racially disparaging name seeking U.S. protection.”

Matthew Singer of Willamette Week reports that “Portland Band the Slants Take Their Trademark Case to the Supreme Court This Week; The Portland band’s nearly six-year battle to trademark its name reaches its apex on Wednesday.”

Online at USA Today, Tony Mauro has an essay titled “Free The Slants to trademark ‘offensive’ name: Asian-American band wants to own ‘the language of oppression’; The Supreme Court should let it.”

And at her “In a Crowded Theater” blog, Erica Goldberg has a post titled “Lee v. Tam: Offensive Trademarks at the Supreme Court (A Series) — Part Five: The Final Pre-Argument Analysis.”

Posted at 9:42 PM by Howard Bashman



“The Most Important Cases Already Argued This Term in SCOTUS”: Adam Feldman has this post today at his “Empirical SCOTUS” blog.

Posted at 9:07 PM by Howard Bashman



“Cuomo appoints Rowan Wilson to top state court, making him second African-American there”: Glenn Blain of The New York Daily News has this report.

Kirstan Conley of The New York Post reports that “Second African American judge nominated for Court of Appeals.”

And Colby Hamilton of Politico.com reports that “Cuomo taps private litigator Rowan Wilson for high court.”

Currently, the appointee serves as a partner at the law firm of Cravath, Swaine & Moore.

Posted at 4:42 PM by Howard Bashman