How Appealing



Sunday, February 19, 2017

“As the Gorsuch nomination proceeds, this man is taking credit: Mitch McConnell.” Paul Kane has this article in today’s edition of The Washington Post.

Posted at 11:09 AM by Howard Bashman



“I sentenced criminals to hundreds more years than I wanted to. I had no choice.” Shira A. Scheindlin has this essay in today’s edition of The Washington Post.

Posted at 11:05 AM by Howard Bashman



Saturday, February 18, 2017

“Canada’s Supreme Court justices travel to exchange ideas, discuss legal issues with international judges; Chief Justice Beverly McLachlin says politics off-limits, but legal problems are on the extracurricular agenda”: Tonda MacCharles of The Toronto Star has an article that begins, “It was a pretty high-powered group. Judges of the Supreme Court of Canada met with judges of the Supreme Court of the United States in Washington last April in the midst of the U.S. election season.”

Posted at 9:12 PM by Howard Bashman



“General Strike: How state attorneys general are going on the offensive against the most egregious parts of the Trump agenda; Also, the Constitution’s limits on the U.S.-Mexico border.” Slate has posted online today this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 8:57 PM by Howard Bashman



“Norma McCorvey, ‘Roe’ in Roe v. Wade, Is Dead at 69”: This obituary written by Robert D. McFadden will appear on the front page of Sunday’s edition of The New York Times.

Posted at 8:33 PM by Howard Bashman



Friday, February 17, 2017

“Bill making ‘upskirting’ illegal in Georgia nears approval”: The Associated Press has this report. As the article explains, “Lawmakers were spurred to act after a divided state Court of Appeals found that a man didn’t break any Georgia laws when he filmed up a woman’s skirt while she shopped at a grocery store — a practice known as ‘upskirting.'”

My earlier coverage of that ruling can be accessed here.

Posted at 11:02 PM by Howard Bashman



“John Doe leak investigators reviewed documents at the Wisconsin Supreme Court”: Daniel Bice, Jason Stein, and Patrick Marley of The Milwaukee Journal Sentinel have this report.

Posted at 10:52 PM by Howard Bashman



“Bloomfield to appeal Commandments case to Supreme Court”: The Associated Press has a report that begins, “A New Mexico city will ask the U.S. Supreme Court to hear its appeal of a lower court ruling requiring the removal of a Ten Commandments monument outside City Hall.”

Posted at 10:48 PM by Howard Bashman



“Getting Back to Basics: Recognizing and Understanding the Swing Voter on the Supreme Court of the United States.” Kristin M. McGaver has this Note in the current issue of the University of Minnesota Law Review.

Posted at 1:34 PM by Howard Bashman



“A Workable Democracy: The optimistic project of Justice Stephen Breyer.” Lincoln Caplan has this article (available online in both HTML and PDF formats) in the March-April 2017 issue of Harvard Magazine.

Posted at 11:52 AM by Howard Bashman



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