How Appealing



Friday, March 31, 2017

“McCaskill will vote against Trump’s Supreme Court nominee”: Lindsay Wise of The Kansas City Star has an article that begins, “Missouri Sen. Claire McCaskill announced Friday that she will not support the nomination of conservative Judge Neil Gorsuch to the Supreme Court and will join a Democratic effort to block his confirmation vote, which is scheduled for next week.”

Posted at 4:58 PM by Howard Bashman



“Why Trump Will Have To Work With The Senate, Including Democrats, To Get His Judges Confirmed”: Zoe Tillman of BuzzFeed News has this report.

Posted at 4:18 PM by Howard Bashman



“Appeals court won’t release Gitmo force-feeding videos”: Sam Hananel of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Each of the three judges on the panel issued his or her own opinion.

In other coverage, Andrew Chung of Reuters reports that “U.S. appeals court blocks release of Guantanamo Bay force-feeding videos.”

And Josh Gerstein of Politico.com has a blog post titled “Court splinters in Guantanamo videos case.”

Posted at 1:20 PM by Howard Bashman



“Memo to Democratic senators: If you like your job, filibuster Gorsuch; If you’re a Democrat who wants to win your next election, maybe you don’t want the Supreme Court to endorse voter suppression.” Ian Millhiser has this post today at ThinkProgress.

Posted at 11:44 AM by Howard Bashman



En banc Fifth Circuit decides case in which on rehearing the parties were asked to address “whether this court’s rule of orderliness, properly understood, should extend to issues that were not considered by a prior panel”: You can access yesterday’s en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. On the merits, the en banc court divided 8-to-7.

With regard to the “rule of orderliness,” however, the lead opinion refused to engage on that issue. Circuit Judge Jerry E. Smith, in a very interesting dissent in which a total of seven judges joined, expressed his strong disagreement with the en banc court’s refusal to address the issues concerning the “rule of orderliness” that the case presented.

Posted at 10:46 AM by Howard Bashman



“Senate Republican Suicide: A filibuster deal with Democrats over Gorsuch would be a judicial and political disaster.” This editorial appears in today’s edition of The Wall Street Journal.

Posted at 8:50 AM by Howard Bashman



Thursday, March 30, 2017

“Two Senate Democrats Put Support Behind Neil Gorsuch for Supreme Court; Sens. Joe Manchin and Heidi Heitkamp face re-election in Republican-leaning states next year”: Byron Tau of The Wall Street Journal has this report.

Lawrence Hurley of Reuters reports that “First two Democrats back Trump’s U.S. Supreme Court pick.”

Mark K. Matthews of The Denver Post reports that “Sen. Cory Gardner would go ‘nuclear’ to support Neil Gorsuch for Supreme Court; Sen. Michael Bennet remains on the fence about whether to support Gorsuch’s nomination.”

From Politico.com, Burgess Everett and Seung Min Kim report that “Gorsuch battle brings Senate to brink of a new low; And there’s no bipartisan ‘gang’ this time to save it from itself.” And Elana Schor and Seung Min Kim report that “Manchin and Heitkamp will back Gorsuch.”

Posted at 8:54 PM by Howard Bashman



“The filibuster isn’t what it used to be. It’s time to bring the old way back.” Columnist George F. Will has this op-ed in today’s edition of The Washington Post.

Posted at 10:22 AM by Howard Bashman



“Supreme Court rules merchants may pursue free-speech challenge to disclose credit card fees”: David G. Savage of The Los Angeles Times has this report.

In today’s edition of The New York Times, Adam Liptak has an article headlined “Justices Side With Free-Speech Challenge to Credit Card Fees.”

And at the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Court curbs state laws on consumer price displays.”

Posted at 8:34 AM by Howard Bashman



Wednesday, March 29, 2017

“Gorsuch Could Sway Climate Policy. Prepare to Be Surprised.” Law professor Noah Feldman has this essay online today at Bloomberg View.

Posted at 8:47 PM by Howard Bashman



“Neil Gorsuch and the Senate’s ‘Nuclear Option,’ Explained: Here’s everything you need to know about how Senate Republicans might end a Democratic filibuster of the president’s Supreme Court pick.” Jay Willis has this post online at GQ.

Posted at 3:36 PM by Howard Bashman



“Airless. Insular. Clubby. Smug. How the grossness of the Gorsuch hearings made the Supreme Court nominee vulnerable to organized resistance.” Dahlia Lithwick has this jurisprudence essay online today at Slate.

Posted at 1:46 PM by Howard Bashman



“Judge Gorsuch and Chevron Doctrine: A Defense.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 1:42 PM by Howard Bashman



“Here’s Why Republicans Are Confident Neil Gorsuch Will Be On The Supreme Court”: Chris Geidner, Sarah Mimms, Zoe Tillman, and Tarini Parti of BuzzFeed News have this report.

Posted at 12:55 PM by Howard Bashman



“Judge Gorsuch and Chevron Doctrine Part III: The Gutierrez-Brizuela Concurring Opinion.” Asher Steinberg has this guest post — the third in a three-part series — today at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 12:42 PM by Howard Bashman



“The Standard Fare of Judges: What Happens When the Judiciary Does What It Always Does.” Daniel Deacon and Leah Litman have this post at the “Take Care” blog.

Posted at 10:42 AM by Howard Bashman



Access today’s ruling of the U.S. Supreme Court in an argued case: Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Expressions Hair Design v. Schneiderman, No. 15-1391. Justice Stephen G. Breyer issued an opinion concurring in the judgment. And Justice Sonia Sotomayor issued an opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Supreme Court orders new look at ‘swipe fees’ law.”

Posted at 10:05 AM by Howard Bashman