How Appealing



Thursday, March 9, 2017

“Pension funds to SCOTUS: Save our class action opt-out rights.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 1:42 PM by Howard Bashman



“Mitch McConnell Is Glad He Played Politics With The Supreme Court; ‘As you know, I played arguably the single biggest role in having the vacancy there,’ McConnell said, adding that having an open Supreme Court spot helped Republicans win the White House”: Emma Loop of BuzzFeed News has this report.

Posted at 1:35 PM by Howard Bashman



Wednesday, March 8, 2017

“Werdegar retirement gives Jerry Brown chance to further mold California Supreme Court”: Christopher Cadelago of The Sacramento Bee has this report.

Posted at 10:32 PM by Howard Bashman



“1st Circuit 3-judge panel hears appeal over Touro Synagogue ruling; Lawyers for New York and Newport congregations argued before a 3-judge panel of the 1st U.S. Circuit Court of Appeals, in Boston, over a District Court decision awarding the nation’s oldest synagogue to Newport-based Jeshuat Israel”: Katie Mulvaney of The Providence (R.I.) Journal has this report.

And Michelle R. Smith of The Associated Press reports that “Fight over control of oldest US synagogue at appeals court.”

You can access via this link (19.4 MB mp3 audio file) the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the First Circuit.

Posted at 9:18 PM by Howard Bashman



“Back in court, ‘Chip’ Fattah seeks to overturn his conviction”: In today’s edition of The Philadelphia Inquirer, Jeremy Roebuck has a front page article that begins, “Dressed in handcuffs and an olive prison jumpsuit, Chaka ‘Chip’ Fattah Jr. returned to Philadelphia on Tuesday to urge a federal appeals court to overturn his 2015 conviction on bank and tax fraud charges.”

You can access via this link (23.0 MB mp3 audio file) the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.

Posted at 8:52 AM by Howard Bashman



“Trump administration drops appeal over first travel ban; Move leaves 9th Circuit ruling as precedent, at least for now”: Josh Gerstein of Politico.com has this report.

Posted at 8:37 AM by Howard Bashman



Tuesday, March 7, 2017

“Jury Secrecy Doesn’t Apply if Bias Taints Deliberations, Justices Rule”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes reports that “Racial bias in the jury room can violate a defendant’s right to a fair trial, Supreme Court says.”

And Jess Bravin of The Wall Street Journal reports that “Supreme Court Says Jury Secrecy Not Guaranteed If Racial Bias Exists; Case involved Colorado juror who made biased statements about Mexican defendant.”

Posted at 11:24 PM by Howard Bashman



“Supreme Court Won’t Hear Major Case on Transgender Rights”: Adam Liptak has this front page article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has a front page article headlined “Supreme Court sends Virginia transgender case back to lower court.”

And Jess Bravin of The Wall Street Journal reports that “Supreme Court Tells Lower Court to Reconsider Transgender Bathroom Case in Light of Trump Move; Previous court decision deferred to Obama interpretation of antidiscrimination law, which Trump rescinded.”

Posted at 11:18 PM by Howard Bashman



Monday, March 6, 2017

Programming note — Borrowing a page from Josh Blackman‘s playbook: This afternoon, I will be visiting the University of Pennsylvania Law School. And tomorrow, I will be spending the early part of the afternoon at the NYU School of Law. After my visit last Friday to the University of Chicago Law School, it may appear that I am trying to emulate my friend Josh Blackman, who frequently maintains an ambitious law school visitation schedule. Thankfully, after Tuesday everything returns back to normal for me.

Speaking of Josh, he will be in Philadelphia later today to participate in an event at the National Constitution Center, enabling me to grab an early dinner with him and then to see him in action. In connection with that event, in yesterday’s edition of The Philadelphia Inquirer, Josh had an essay titled “Obamacare is unlikely to survive even if it is repaired.” Also in yesterday’s Inquirer, law professor Abbe R. Gluck — who will be participating with Josh in this evening’s Constitution Center program — had an essay titled “GOP’s legal and political sabotage crippled Obamacare.”

As a result of my absence from the office this afternoon and early evening, additional posts will appear here tonight.

Posted at 10:50 AM by Howard Bashman



“States Ease Restrictions on Voting by Felons; Florida proposal to lift its lifetime ban would add to a nationwide trend”: Beth Reinhard of The Wall Street Journal has this report.

Posted at 10:44 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in two argued cases today.

1. Justice Clarence Thomas delivered the opinion of the Court in Beckles v. United States, No. 15-8544. Justice Anthony M. Kennedy issued a concurring opinion. Justices Ruth Bader Ginsburg and Sonia Sotomayor issued opinions concurring in the judgment. And Justice Elena Kagan did not participate in the ruling. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in Pena-Rodriguez v. Colorado, No. 15-606. Justice Thomas issued a dissenting opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Supreme Court sides with defendant claiming jury race bias” and “Justices decline to extend ruling on repeat offenders.”

Posted at 10:06 AM by Howard Bashman



“Newsmakers with Nan Aron: Nan Aron talked about Neil Gorsuch’s nomination to the Supreme Court, Democratic strategy for the Senate hearings during his confirmation hearings.” C-SPAN has posted this video online.

Posted at 9:54 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court called for the views of the Acting Solicitor General in one case.

In Gloucester County Sch. Bd. v. G.G., No. 16-273, the Court issued the following summary disposition:

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.

The Court issued a per curiam ruling in Rippo v. Baker, No. 16-6316.

In Leonard v. Texas, No. 16-122, Justice Clarence Thomas issued a statement respecting the denial of certiorari.

In Perez v. Florida, No. 16-6250, Justice Sonia Sotomayor issued a concurrence in the denial of certiorari.

And in Baston v. United States, No. 16-5454, Justice Thomas issued a dissent from the denial of certiorari.

In early news coverage, Mark Sherman of The Associated Press reports that “Supreme Court scraps case on transgender bathroom rights.”

Lawrence Hurley of Reuters reports that “U.S. top court sidesteps ruling in major transgender rights case.”

Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Cancels Transgender Bathroom Showdown.”

And Richard Wolf of USA Today reports that “Supreme Court won’t decide transgender bathroom case.”

Posted at 9:32 AM by Howard Bashman



“Dubious Data Belies Supreme Court’s Stance on Repeat Sex Offenders”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:16 AM by Howard Bashman



“Republicans and the Constitution: Article V allows a method of proposing amendments that cuts Congress out entirely; This partisanship is just what our founders were trying to avoid.” Jelani Cobb has this Comment in the Talk of the Town section of the March 13, 2017 issue of The New Yorker.

Posted at 8:10 AM by Howard Bashman



Sunday, March 5, 2017

“Law restricting protests during Supreme Court proceedings is upheld”: Robert Barnes of The Washington Post has this report.

And Zoe Tillman of BuzzFeed News reports that “Prosecutors Win Back Broad Authority To Charge Supreme Court Protesters; A federal appeals court said that a lower court judge was wrong to strike down a section of a law used to charge protesters in the Supreme Court as unconstitutionally vague.”

You can access Friday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 11:04 PM by Howard Bashman