How Appealing



Thursday, February 16, 2017

“Appeals court agrees to wait on promised Trump travel ban revision; Justice Department asked 9th Circuit to stay case pending redraft of order”: Josh Gerstein of Politico.com has this report.

And Adam Liptak of The New York Times reports that “Trump Will Issue New Travel Order Instead of Fighting Case in Court.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit staying that court’s sua sponte consideration of whether to rehear the case en banc at this link.

Posted at 10:24 PM by Howard Bashman



“Leaked Emails Show Justice Clarence Thomas’s Wife Pushing Travel Ban; In leaked emails, Ginni Thomas asked for advice on how to organize in favor of Trump’s travel ban; But by doing so, she may have inadvertently made it harder for the executive order to survive the Supreme Court”: Betsy Woodruff of The Daily Beast has this report.

Posted at 10:14 PM by Howard Bashman



“Prayer before meetings not OK, court tells county commission”: MLive.com has this report.

Rick Pluta of Michigan Radio reports that “Appeals court says Jackson commissioners violated Constitution with prayer.”

And Bradford Richardson of The Washington Times reports that “Animist wins appeal to thwart Christian prayer in public meetings.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 8:42 PM by Howard Bashman



“Court rejects Florida’s ‘Docs vs. Glocks’ law”: David Ovalle of The Miami Herald has this report.

Rhonda Cook of The Atlanta Journal-Constitution reports that “Federal appeals court sides with physicians in ‘Docs vs. Glocks’ case.”

Curt Anderson of The Associated Press has a report headlined “Court: Florida doctors can ask patients about guns.”

Brendan Pierson of Reuters reports that “U.S. appeals court strikes down Florida law in ‘Docs vs. Glocks’ case.”

And Zoe Tillman of BuzzFeed reports that “Florida Law Barring Doctors From Asking Patients If They Own Guns Is Struck Down; A federal appeals court said doctors could ask about a patient’s gun ownership, but can’t discriminate against patients who do own guns.”

You can access today’s en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit, containing two separate majority opinions written by two different judges, at this link. Interestingly, the author of each majority opinion joined in full in the other majority opinion.

Posted at 7:44 PM by Howard Bashman



“Sirius XM wins dismissal of Turtles copyright lawsuit in New York”: Jonathan Stempel of Reuters has this report.

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “SiriusXM Wins New York Case Over Pre-1972 Sound Recordings; The 2nd Circuit rules that the satcaster deserves summary judgment and the lawsuit from Flo & Eddie should be dismissed.”

You can access today’s per curiam ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 1:33 PM by Howard Bashman



“Richland florist discriminated against gay couple for refusing service, state’s highest court rules; The high-profile court case highlights the clash between constitutional principles — the right to be treated equally under the law and the free exercise of religion and speech”: Lynn Thompson of The Seattle Times has this report on a unanimous ruling that the Supreme Court of Washington State issued today.

And Rachel La Corte of The Associated Press reports that “Washington court rules against florist in gay wedding case.”

Posted at 11:42 AM by Howard Bashman



Access the February 2017 edition of “Appellate Issues,” a publication of the ABA’s Council of Appellate Lawyers: At this link. The issue reports on the 2016 AJEI Summit in Philadelphia and includes an article I wrote.

Posted at 10:05 AM by Howard Bashman



“Judge Gorsuch Shows Sensitivity to First Amendment Issues”: David L. Hudson Jr. has this report online at the Newseum Institute.

Posted at 9:52 AM by Howard Bashman



“Scaling Judge Gorsuch’s Opinions: Hints of a Possible Centrist.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 8:44 AM by Howard Bashman



“Former law clerks herald Supreme Court nominee Neil Gorsuch’s independence”: Richard Wolf of USA Today has this report.

Alex Swoyer of The Washington Times reports that “Gorsuch shows ‘hostility’ to ‘discrimination victims,’ group claims in letter to senators; But 39 former clerks to the jurist hail his ‘impeccable’ qualifications for the Supreme Court.”

And in yesterday’s edition of The Philadelphia Inquirer, former U.S. Senator Rick Santorum had an op-ed titled “Gorsuch worthy of Democrats’ backing.” I will leave it up to others to decide whether the main purpose of the essay is to persuade Democrats or to take cheap shots at them.

Posted at 8:42 AM by Howard Bashman