How Appealing



Sunday, January 8, 2017

“Democratic Ohio Supreme Court Justice William O’Neill eyeing run for governor”: Earlier this week, Julie Carr Smyth of The Associated Press had an article that begins, “The lone Democrat holding an Ohio statewide office said Tuesday he is considering stepping down from his post at year’s end to run for governor.”

Posted at 10:58 PM by Howard Bashman



“New Bernian Mike Morgan takes oath as N.C. Supreme Court Justice”: Bill Hand of The New Bern (N.C.) Sun Journal has this report.

Posted at 8:33 PM by Howard Bashman



“Oklahoma Supreme Court justice’s retirement is a love story; Justice Steven W. Taylor retires his gavel with no plans to fade into the sunset”: Nolan Clay of The Oklahoman has this report.

Posted at 8:25 PM by Howard Bashman



“California’s top court to decide whether planned speed-up in executions is legal”: Maura Dolan of The Los Angeles Times has this report.

Posted at 2:33 PM by Howard Bashman



“Jeff Sessions faces ‘Washington’s bloodsport'”: Ariane de Vogue of CNN.com has an article that begins, “Sen. Jeff Sessions is preparing for yet another confirmation hearing in the Senate Judiciary Committee.”

Posted at 2:14 PM by Howard Bashman



Saturday, January 7, 2017

“Waterford attorney, tribes on opposite sides of U.S. Supreme Court case”: Brian Hallenbeck of The Day of New London, Connecticut has this report.

Posted at 10:06 PM by Howard Bashman



“Beatty calls becoming top S.C. judge ‘my improbable journey'”: Tim Flach of The State of Columbia, South Carolina has an article that begins, “New state Supreme Court Chief Justice Donald Beatty on Friday called his path from a lad who peeked into legal proceedings to the second African-American in the post since the mid-1800s ‘my improbable journey.'”

Posted at 9:55 PM by Howard Bashman



“Coming to Mr. Trump’s Aid in the Matter of Judicial Selection”: Roger Pilon has this post at the “Cato at Liberty” blog.

Posted at 8:27 PM by Howard Bashman



“And Then There Were Eight: Trump winnows his shortlist for the Supreme Court’s empty seat; And we preview a big special education case that will be argued next week.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 8:20 PM by Howard Bashman



Friday, January 6, 2017

“Nels Peterson’s appointment ups Cobb presence on Georgia Supreme Court”: Jon Gargis of The Marietta Daily Journal has this report.

Posted at 9:00 PM by Howard Bashman



“UNBREAKING: 7th Circuit Recalls ‘Erroneously Issued’ Decision.” Kimberly Robinson of Bloomberg BNA has this report about the Seventh Circuit‘s issuance, and then withdrawal, of its ruling in Ozinga v. Burwell on December 27, 2016.

Robinson’s article reports that “After the order withdrawing the opinion was posted, the erroneously issued opinion disappeared.” That’s true in one sense — the erroneously issued opinion cannot be accessed via that court’s opinion-access page today. But the opinion didn’t disappear instantaneously, if I recall correctly. It remained available for download from the Seventh Circuits web site for some time — many hours, indeed — even after the order withdrawing the opinion was posted.

Linking to the Bloomberg Law version of the now-withdrawn opinion, Robinson speculates that perhaps it was withdrawn because it contained typographical errors, citing as an example the opinion’s listing of the coram of the court as containing an extra period — “Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges..”

But that typo — sorry to say — appears to have been introduced by Bloomberg Law’s editing of the decision. The actual version of the opinion that the Seventh Circuit posted online on December 27, 2016 doesn’t contain two periods after “Circuit Judges” in the line listing the composition of the panel.

Posted at 1:56 PM by Howard Bashman



“Supreme Court wars escalate”: Ariane de Vogue of CNN has an article that begins, “The Supreme Court wars escalated this week when Democrats signaled they are ready to fight for the seat they believe should have gone to Merrick Garland, and already the prospect of the nuclear option is being discussed.”

Posted at 10:50 AM by Howard Bashman



“U.S. loses bid to overturn AmEx antitrust decision”: Jonathan Stempel of Reuters has a report that begins, “A federal appeals court on Thursday rejected the U.S. government’s request that it reconsider its decision allowing American Express Co to stop merchants from encouraging customers to use rival cards that charge lower fees.”

Posted at 10:48 AM by Howard Bashman



“Can States Make People Pay Even When Their Convictions Are Overturned? The Supreme Court considers whether states that charge inmates with fees and restitution have to return that money if their convictions are set aside.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 8:47 AM by Howard Bashman



Thursday, January 5, 2017

“The Extraterritorial Constitution and Government Accountability”: Today at the “Balkinization” blog, Jonathan Hafetz has a post that begins, “Next month, the Supreme Court will hear arguments in an important case regarding the Constitution’s extraterritorial application.”

Posted at 5:50 PM by Howard Bashman



“Publishing the President’s Role in Advancing Criminal Justice Reform”: The White House account at Medium today has this post from Michael Zuckerman, president of the Harvard Law Review.

Posted at 5:02 PM by Howard Bashman



“A Week in the Life of Justice Don Willett: A member of the Texas Supreme Court has become ‘the tweetingest judge in America.'” Justice Don Willett has this essay online today at The Wall Street Journal.

Posted at 4:52 PM by Howard Bashman



“Trump SCOTUS Short-Lister Joan Larsen Is a Fan of Executive Power and Presidential Signing Statements; Examining the record of the Michigan Supreme Court Justice”: Damon Root has this post today at the “Hit & Run” blog of Reason.com.

Posted at 2:50 PM by Howard Bashman



“What the Chief Justice Should Have Said”: Linda Greenhouse will have this essay in the Sunday Review section of this upcoming Sunday’s edition of The New York Times.

Posted at 2:46 PM by Howard Bashman