How Appealing



Saturday, February 11, 2017

“Trump’s Criticism Of Judges Out Of Line With Past Presidents”: This audio segment featuring Nina Totenberg appeared on today’s broadcast of NPR’s “Weekend Edition Saturday.”

Posted at 10:56 AM by Howard Bashman



Friday, February 10, 2017

Ninth Circuit judge calls for full-court review in State of Washington v. Trump, triggering that court’s sua sponte en banc procedures: The U.S. Court of Appeals for the Ninth Circuit issued this order today requiring the parties to simultaneously file briefs by February 16, 2017 addressing whether the case should be reheard by an 11-judge panel of that court.

To obtain rehearing en banc, a majority of the non-recused judges in regular active service must vote in favor of rehearing. If rehearing is ordered, the case will be reheard by a panel of 11 judges that is not guaranteed to have any of the original three judges among its members.

Although a grant of rehearing en banc in this case is unlikely, it is worth noting that two of the three judges on the original three-judge panel — Judges Canby and Clifton — are senior status judges, so they do not have the ability to vote on whether the case should be reheard en banc. If rehearing en banc is granted, however, then Judges Canby and Clifton can elect to be included among the judges who are capable of being randomly assigned to the 11-judge en banc panel.

The Ninth Circuit’s Public Information Office today issued a related news release titled “Ninth Circuit En Banc Procedure Summary.”

Posted at 10:12 PM by Howard Bashman



“Trailblazer Thapar Might Be in Trump’s SCOTUS Bullpen”: Patrick L. Gregory of Bloomberg BNA has this report.

On a personal note, I got to spend some time visiting with Judge Thapar at the 2016 Sixth Circuit Judicial Conference in Louisville, and he is a very impressive person.

Posted at 5:54 PM by Howard Bashman



“Washington Lawyer’s Win Over Trump Immigration Ban Brings Sudden Fame; Noah Purcell brought experience at Homeland Security, Supreme Court clerkship to state solicitor general post”: Sara Randazzo of The Wall Street Journal has this report.

Posted at 4:28 PM by Howard Bashman



“A constitutional lesson for a new president”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 2:44 PM by Howard Bashman



“See You in Court … Maybe: The Department of Justice has four options to salvage Trump’s immigration ban; Only one makes sense.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 2:42 PM by Howard Bashman



“Trump Tried to Intimidate the Judges Over His Ban, and He Failed; Presidents have thought before that they could roll those wimpy-looking nerds with their gavels and robes; It usually doesn’t work out all that well”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 2:38 PM by Howard Bashman



Videos of note that The Federalist Society has recently posted on YouTube: A video titled “The Legacy of Justice Scalia” featuring, among others, Sixth Circuit Judge Jeffrey S. Sutton and Rachel Kovner.

“Conversation with State Supreme Court Justices ” featuring, among others, Seventh Circuit Judge Diane S. Sykes and Arizona Supreme Court Justice Clint Bolick. (Justice Bolick also recently spoke at the University of Chicago Law School; you can access the audio via this link.)

And “Forty Years Later: The Brennan Article and State Constitutions” featuring, among others, Ninth Circuit Judge Jay S. Bybee and law professor Derek Muller.

One clear pattern emerges — if you are a federal appellate judge wishing to moderate or serve as a panelist on a Federalist Society panel, it helps to have the middle initial “S.”

Posted at 1:30 PM by Howard Bashman



“Justice Kennedy’s opinion in 2015 case looms in U.S. travel ban fight”: Lawrence Hurley of Reuters has a report that begins, “Justice Anthony Kennedy’s legal reasoning in a little-noticed 2015 U.S. Supreme Court immigration ruling could play a pivotal role in deciding the fate of President Donald Trump’s travel ban if the high court eventually decides the matter.”

Posted at 11:57 AM by Howard Bashman



“If Trump were smart, he’d skip a Supreme Court appeal right now”: Michael Doyle and Franco Ordonez of McClatchyDC have this report.

Posted at 11:54 AM by Howard Bashman



“Will the Supreme Court Back Trump? When his travel ban hits the highest court, don’t count on it splitting on party lines.” Law professor Richard Primus has this essay online at Politico Magazine.

Online at The New York Daily News, law professor Stephen I. Vladeck has an essay titled “President Trump can rant, tweet, and make threats, but the courts are immune to his antics.”

And online at The Guardian (UK), Joshua Matz has an essay titled “An extraordinary act of judicial courage: inside the latest travel ban court opinion; The court’s decision exemplified the rule of law in a democratic society; It displays the judicial courage our era requires.”

Posted at 11:40 AM by Howard Bashman



“Higher Justice: Judge Neil Gorsuch’s constitutionalism contrasts starkly with the progressive administrative state — and the president who is appointing him.” Adam J. White has this cover story in the February 20, 2017 issue of The Weekly Standard.

Posted at 11:28 AM by Howard Bashman



Thursday, February 9, 2017

“Threats against judges in immigration ban cases leads to increased security”: Evan Perez, Shimon Prokupecz, and Ariane de Vogue of CNN.com have this report.

Posted at 10:08 PM by Howard Bashman



Access today’s Ninth Circuit ruling in State of Washington v. Trump: At this link. The unanimous per curiam opinion concludes, “For the foregoing reasons, the emergency motion for a stay pending appeal is DENIED.”

In early news coverage, Adam Liptak of The New York Times reports that “Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss.”

Matt Zapotosky of The Washington Post reports that “Federal appeals court maintains suspension of Trump’s immigration order.”

Maura Dolan and Jaweed Kaleem of The Los Angeles Times report that “9th Circuit Court upholds stay to continue blocking enforcement of Trump’s travel ban.”

Richard Wolf and Alan Gomez of USA Today report that “Appeals court refuses to reinstate Trump’s travel ban.”

Devlin Barrett and Brent Kendall of The Wall Street Journal reports that “Appeals Court Rules Against Trump Travel Ban; Judges say temporary halt on executive order should continue.”

Bob Egelko of The San Francisco Chronicle reports that “Court refuses to lift stay on Trump’s travel ban.”

Dan Levine and Mica Rosenberg of Reuters report that “U.S. appeals court upholds suspension of Trump travel ban.”

Sudhin Thanawala of The Associated Press reports that “Federal appeals court refuses to reinstate Trump travel ban.”

Josh Gerstein of Politico.com reports that “Appeals court panel rules unanimously against Trump travel ban; The appeals court ruling is not a final one on the legality of President Donald Trump’s order.”

Chris Geidner of BuzzFeed News reports that “Appeals Court Keeps Trump’s Travel Ban On Hold, Keeping Door Open For Visa Holders And Refugees.”

And at the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Appeals court keeps Trump immigration limits on hold.”

Posted at 6:15 PM by Howard Bashman



“9th Circuit to rule on travel ban Thursday evening”: Ariane de Vogue of CNN.com has this report.

And Chris Geidner of BuzzFeed News reports that “Appeals Court To Rule Today On Justice Department Request To Enforce Trump’s Ban; Court spokesperson announces that ‘an order will be filed in this case before the close of business today.’”

Accordingly, a ruling is expected by 8 p.m. eastern time. Whether the ruling will merely consist of an order or one or more opinions remains to be seen. The U.S. Court of Appeals for the Ninth Circuit will post online at this web page its ruling just as soon as the decision is issued. [Update: The ruling can be accessed directly at this link.]

Posted at 5:58 PM by Howard Bashman



“Not Even Andrew Jackson Went as Far as Trump in Attacking the Courts: The former president was critical of Chief Justice John Marshall’s rulings; But it was on constitutional, rather than political or personal, grounds.” Jeffrey Rosen has this essay online at The Atlantic.

Posted at 3:38 PM by Howard Bashman



“Chief Justice John Roberts Visits the University of Kentucky”: The University of Kentucky has posted this video on YouTube.

Posted at 3:24 PM by Howard Bashman



“UC Berkeley School of Law professors hold panel on President Trump’s US Supreme Court nominee”: Gibson Chu of The Daily Californian has an article that begins, “Three UC Berkeley School of Law professors, John Yoo, Jesse Choper and Daniel Farber, debated in a panel Tuesday about recent U.S. Supreme Court nominee Neil Gorsuch’s qualifications and the effect he will have on the Supreme Court.”

Posted at 2:54 PM by Howard Bashman