How Appealing



Monday, January 16, 2017

“In Texas, a Test of Whether the Voting Rights Act Still Has Teeth”: Manny Fernandez has this article in today’s edition of The New York Times.

Posted at 10:50 AM by Howard Bashman



Sunday, January 15, 2017

“How Cruz and Trump learned to like each other: Ted Cruz was once one of Donald Trump’s most vocal critics; Now he’s one of the president-elect’s most important Senate allies.” Eliana Johnson of Politico.com has this report.

Posted at 1:09 PM by Howard Bashman



“Supreme Court Update: President-Elect Trump Has Started Interviewing SCOTUS Candidates.” David Lat has this post today at “Above the Law.”

Posted at 12:50 PM by Howard Bashman



Saturday, January 14, 2017

“The untold story of how Antonin Scalia’s ‘gift to Canada’ shaped our spy services; As Donald Trump mulls a Supreme Court successor to the conservative firebrand judge, Sean Fine examines how a young, decidedly evenhanded Scalia helped the Canadian government in the 1970s to get a grip on domestic spy agencies that had begun to spin out of control”: Sean Fine has this article in today’s edition of The Toronto Globe and Mail.

Posted at 8:40 PM by Howard Bashman



“Justices Will Hear Challenges to Mandatory Employee Arbitration”: 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 “Supreme Court to examine workers’ rights to file class-action suits.”

Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court to Decide Whether Employers Can Prohibit Groups of Workers From Suing; Justices also take up case on time limits for the SEC to require firms, individuals to ‘disgorge’ ill-gotten gains.” And Kendall also reports that “Supreme Court to Weigh How Soon Firms Can Sell Copycat Biotech Drugs; High court to referee dispute between Novartis, Amgen over biosimilar.”

Bob Egelko of The San Francisco Chronicle reports that “Supreme Court to consider CalPERS case against Lehman Bros.

Bob McGovern and Jordan Graham of The Boston Herald report that “Supreme Court takes Mass. case on open court.”

Greg Stohr of Bloomberg News reports that “SEC’s Power to Recoup Illegal Profits Draws High Court Scrutiny” and “Lehman Case Gets Review as Top Court Considers Suit Deadlines.” And Susan Decker of Bloomberg News reports that “Amgen Fight Over Copies of Biotech Drugs Gets High Court Review.”

Cristian Farias of The Huffington Post reports that “Supreme Court To Consider Lifting Class-Action Bar For Millions Of Workers; Existing federal labor law could free employees who now can’t band together to sue their bosses.”

And Jolie McCullough of The Texas Tribune reports that “Supreme Court to review Texas death penalty case; The U.S. Supreme Court said Friday it would review the legal complexities in a Texas death penalty case, where a man killed a 5-year-old and her grandmother.”

Posted at 3:08 PM by Howard Bashman



Friday, January 13, 2017

Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review today in 13 new cases.

In early news coverage, The Associated Press reports that “Justices will weigh limits on worker rights to sue employers“; “Supreme Court to rule in immigrant’s revoked US citizenship“; and “Justices will hear venture capitalist’s appeal over SEC fine.”

And Reuters reports that “Supreme Court to consider employee class action agreements“; “U.S. Supreme Court to weigh securities class action timing question“; “U.S. top court to weigh if SEC faces illegal profit-recovery deadline“; “U.S. top court to hear BNSF Railway out-of-state injury suit appeal“; “Supreme Court to mull where challenges to federal clean water rule can be heard“; “U.S. Supreme Court agrees to hear dispute over biologic drug sales“; and “U.S. Supreme Court to hear debt collection dispute.”

Posted at 2:42 PM by Howard Bashman



“Ohio seeks drug reversing lethal injection process if needed”: Andrew Welsh-Huggins of The Associated Press has this report.

Posted at 1:33 PM by Howard Bashman



“U.S. VP-elect Pence to be sworn in by conservative Justice Thomas”: Lawrence Hurley of Reuters has this report. Meanwhile, the Justice’s lesser-known alter-ego liberal Justice Thomas will be out protesting the entire inauguration ceremony.

Posted at 10:35 AM by Howard Bashman



Third Circuit to begin posting videos of some oral arguments online: The U.S. Court of Appeals for the Third Circuit issued this order today adding IOP 2.6 to that Court’s Internal Operating Procedures.

Unlike the Ninth Circuit, which now posts video footage of essentially all of that Court’s oral arguments on YouTube, the Third Circuit has decided to determine whether video of an oral argument will be posted online on a case-by-case basis, which would seem to add unnecessarily to each oral argument panel’s workload. And, unlike the Ninth Circuit, which has for quite some time live-streamed oral argument video on YouTube, we will have to wait and see how soon after oral arguments the Third Circuit will be placing online the oral argument videos selected for posting.

I anticipate that the Third Circuit will someday move to the Ninth Circuit’s approach of posting videos of essentially all oral arguments online. Here’s hoping that day arrives sooner rather than later.

Posted at 10:28 AM by Howard Bashman



“The Supreme Court Saved Obama’s Legacy; His Legacy Changed The Court; The law and the politics of justice will never be the same”: Cristian Farias of The Huffington Post has this report.

Posted at 10:05 AM by Howard Bashman



“The Supreme Court, the Trump Transition, and the Future of the Constitutional ‘Border'”: Steve Vladeck has this post today at “Just Security.”

Posted at 10:02 AM by Howard Bashman



“Donald Trump’s other Supreme Court decision”: Ariane de Vogue of CNN.com has an article that begins, “It’s the most coveted legal post in Washington, but few people outside of the Beltway know it even exists. And now the plum job — that of solicitor general — is up for grabs.”

Posted at 8:29 AM by Howard Bashman



Thursday, January 12, 2017

“San Diego concealed weapons case appealed to U.S. Supreme Court”: Kristina Davis of The San Diego Union-Tribune has an article that begins, “The U.S. Supreme Court is being asked to decide whether law-abiding citizens need to provide law enforcement with a specific reason to be able to legally carry a concealed weapon for self-defense.”

Posted at 10:12 PM by Howard Bashman



“Special education: The Supreme Court considers what states owe to disabled students.” Steven Mazie has this post today at the “Democracy in America” blog of The Economist.

Posted at 10:05 PM by Howard Bashman



“Lawsuit charging Apple with iPhone app monopoly gets go-ahead”: Bob Egelko of The San Francisco Chronicle has this report.

Stephen Nellis and Dan Levine of Reuters report that “U.S. appeals court revives antitrust lawsuit against Apple.”

Kartikay Mehrotra of Bloomberg News reports that “Apple Must Face Consumer Lawsuit Over iPhone Apps Monopoly.”

And Stephanie Condon of ZDNet reports that “US appeals court reopens lawsuit against Apple for alleged App Store monopoly; The 9th US Circuit Court of Appeals ruled that a group of iPhone owners may proceed with their class action suit, alleging anti-competitive behavior.”

My earlier coverage of today’s Ninth Circuit ruling appears at this link.

Posted at 9:52 PM by Howard Bashman



“Trump SCOTUS Short-Lister Gruender: Five Things to Know.” Patrick Gregory and Kimberly S. Robinson of Bloomberg BNA have this report.

Posted at 1:35 PM by Howard Bashman