How Appealing



Thursday, February 2, 2017

“Was That Search Illegal? Sometimes, Neil Gorsuch Ruled It Was.” Charlie Savage will have this article in Friday’s edition of The New York Times.

Posted at 9:50 PM by Howard Bashman



“Law Review Elects First Black Woman President”: Jamie D. Halper of The Harvard Crimson has an article that begins, “ImeIme A. Umana ’14 will be the first black woman to serve as President of the Harvard Law Review, the legal journal announced Monday.”

Posted at 8:16 PM by Howard Bashman



Confirmed — SCOTUS nominee Neil M. Gorsuch and I do not appear in any of the same issues of The Columbia Spectator: As an undergraduate attending Columbia College from the fall of 1982 through the spring of 1986, articles that I wrote frequently appeared in Columbia’s student newspaper between September 1982 and April 1985.

Judge Gorsuch, who graduated from Columbia in 1988, appeared in Columbia’s student newspaper a bit less frequently overall between September 1985 and April 1988.

Earlier this week, Jessica Spitz and Aaron Holmes of The Columbia Spectator had an article headlined “Trump picks Columbia graduate as Supreme Court nominee.”

Posted at 8:07 PM by Howard Bashman



“A look at the Supreme Court nomination of Judge Neil Gorsuch, with Adam Liptak of The New York Times, Jan Crawford of CBS News, former solicitor general Paul Clement, and David Boies, chairman of the law firm Boies, Schiller & Flexner.” You can view the video of yesterday’s broadcast of the Charlie Rose show at this link.

Posted at 6:20 PM by Howard Bashman



“Judge Neil Gorsuch Has Admirers Across the Ideological Spectrum; Friends, colleagues and former law clerks say it is a mistake to view him as an enthusiastic engineer on the Trump train”: Jess Bravin of The Wall Street Journal has this report.

Posted at 2:41 PM by Howard Bashman



“The Flight 216 Selection”: At First Things, Adrian Vermeule has a post that begins, “Judge Neil Gorsuch is a walking, talking Hollywood writer’s pitch: ‘I’ve got it! Antonin Scalia meets Jimmy Stewart!'”

Posted at 1:44 PM by Howard Bashman



“Bench Brackets: Busted by Gorsuch!” Bloomberg BNA has posted online this video featuring Kimberly Robinson and Patrick Gregory.

Posted at 1:36 PM by Howard Bashman



“Seven Cases Where the Supreme Court Sided With Neil Gorsuch (And One Time it Didn’t)”: Hannah Recht of Bloomberg News has this report.

Posted at 1:30 PM by Howard Bashman



“4th Circuit overturns $3 million Ford crash verdict”: Erica Teichert of Reuters has an article (subscription required for full access) that begins, “A federal appeals court on Wednesday threw out a $3 million jury verdict against Ford Motor Co over an alleged defect that caused a single-car accident, ruling the plaintiffs’ expert witness should have been disqualified.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 1:22 PM by Howard Bashman



“Chief Justice Roberts avoids controversy during speech at University of Kentucky”: John Cheves has this front page article in today’s edition of The Lexington (Ky.) Herald-Leader.

Yesterday was “visit Lexington” day for at least two U.S. Supreme Court Justices, as Ruth Bader Ginsburg had a speaking appearance in Lexington, Virginia. In today’s edition of The Washington Post, Laura Vozzella has an article headlined “Justice Ginsburg makes her first visit to the military institute she remade.” And Ariane de Vogue of CNN.com reports that “At VMI, Ruth Bader Ginsburg reflects on a monumental ruling.”

What remains to be confirmed is whether any Justices had the good fortune yesterday to be in Lexington, North Carolina, which is famous for its barbecue. All of which, of course, reminds me of that day in October 2015 when I had lunch in Lexington, Virginia and dinner in Lexington, Kentucky on my road-trip from Philadelphia to Atlanta.

Posted at 11:34 AM by Howard Bashman



“The Most Important Questions for Trump’s Justice Are About Democracy: Senators should press Neil Gorsuch on questions fundamental to democratic government.” Garrett Epps has this essay online at The Atlantic.

Posted at 10:32 AM by Howard Bashman



Known for his subtle persuasiveness: Longtime readers of this blog may recall that, in January 2014, the Supreme Court of Pennsylvania ruled 4-to-2 in favor of my client, the plaintiff, in a case that I had argued in that court more than two years and four months earlier. Additional details about that matter appear in this earlier post.

The seemingly endless wait for a ruling in that case comes to mind because — one year ago today — I orally argued two unrelated cases before the same three-judge panel of the Superior Court of Pennsylvania, and neither case has yet to be decided. One of the cases has a large record; the other, not so much. Additional details on both cases can be accessed via this earlier post.

Because it is unusual for one case, let alone two unrelated cases, to be pending for decision a year after oral argument — indeed, I cannot think of any other Pa. Superior Court case that I have briefed and argued in my 25+ year career as an appellate advocate in Pennsylvania that took this long to decide — I decided to compose this post commemorating the one-year anniversary of the oral arguments in both cases.

Posted at 10:20 AM by Howard Bashman