“White House interviewing young lawyers for federal judgeships”: Politico.com’s “Playbook” has this report.
Posted at 8:52 AM by Howard Bashman
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![]() Wednesday, March 29, 2017
“White House interviewing young lawyers for federal judgeships”: Politico.com’s “Playbook” has this report. Posted at 8:52 AM by Howard Bashman“The Fundamental Dishonesty of the Gorsuch Hearings: The confirmation process has shed little light on the philosophy of President Trump’s nominee to the Supreme Court or on what kind of justice he will be.” Law professor Garrett Epps has this essay online today at The Atlantic. Therein, Epps writes, “In his answers to senators, Gorsuch seemed like a man whom one would dread sitting next to on a long airplane trip. The charm he displayed was oddly repellent; his vaunted humility was relentlessly overbearing; and his open-mindedness was rigidly dogmatic. He seemed to have trouble concealing contempt for the process, his questioners, and the public itself. Gorsuch was by turns condescending, evasive, and even dishonest. In fact, it’s not too much to say that he, in his aw-shucks gentlemanly way, gaslighted the committee in a genteel but nonetheless Trumpian style.” Posted at 8:20 AM by Howard BashmanTuesday, March 28, 2017
“There’s A Showdown Brewing In The Senate That Could Change Supreme Court Nominations Forever; If Senate Republicans go through with the so-called ‘nuclear option,’ one of their own warns that future presidents, from either party, will ‘have no reason to appoint a Boy Scout like Gorsuch'”: Emma Loop of BuzzFeed News has this report. Posted at 7:50 PM by Howard Bashman“Should Judges Consult Their Personal Moral Convictions? A dialogue on how to weigh the law and common sense on the bench.” Slate has posted online this jurisprudence essay, consisting of a conversation between Seventh Circuit Judge Richard A. Posner and Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.), moderated by Joel Cohen. Posted at 7:30 PM by Howard Bashman“U.S. Supreme Court weighs Advocate pension case”: Lisa Schencker of The Chicago Tribune has this report. Jacklyn Wille of Bloomberg BNA reports that “Hospital Pension Plans Seek Salvation at SCOTUS.” Kelsey Dallas of The Deseret News has an article headlined “What counts as a church? Supreme Court pension case asks important question.” And today at the “Democracy in America” blog of The Economist, Steven Mazie has a post titled “Falling short: Justices ask whether religious hospitals must guarantee workers’ pensions; For more than 30 years a church exemption from funding requirements has been extended to affiliated hospitals.” Posted at 3:20 PM by Howard Bashman“Gorsuch may fall short of votes needed for smooth Supreme Court confirmation”: Ed O’Keefe and David Weigel have this article in today’s edition of The Washington Post. And Lawrence Hurley of Reuters reports that “More Democrats oppose Trump’s U.S. Supreme Court pick.” Posted at 2:53 PM by Howard Bashman“Schumer headed for epic clash with McConnell: They said they’d try to get along, but imminent battles over the Supreme Court and government funding will test that proposition.” Burgess Everett of Politico.com has this report. Posted at 2:44 PM by Howard Bashman“Judge Gorsuch and Chevron Doctrine Part II: The Misuse of Precedent.” Asher Steinberg has this guest post — the second in a three-part series — today at the “Notice & Comment” blog of the Yale Journal on Regulation. Posted at 2:40 PM by Howard Bashman“Inscrutable Gorsuch raises Democratic ire”: Joan Biskupic of CNN.com has this report. And at his “Election Law Blog,” Rick Hasen has a related post titled “What’s the Matter with Gorsuch?” Posted at 2:33 PM by Howard BashmanProgramming note: At 10 a.m. eastern time, I will be meeting with a potential new client in a forthcoming appeal to the U.S. Court of Appeals for the Third Circuit. Also at 10 a.m. eastern time, the U.S. Supreme Court is scheduled to issue one or more rulings in argued cases. Just as soon as the Court posts those new opinions online, you can access them via this link. Additional posts will appear here later today. Posted at 9:52 AM by Howard Bashman“Is Trump stalling a travel ban appeal at 9th Circuit?” Josh Gerstein of Politico.com has this blog post today. Posted at 9:46 AM by Howard Bashman“Patterns of Eight Justices: Will They Persist with a New Court Member?” Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 9:44 AM by Howard BashmanMonday, March 27, 2017
“Did a Divorce Fight Over Children Lead to Florida Professor’s Execution-Style Slaying?” People magazine has posted online this preview of an article that Jeff Truesdell has in the April 3, 2017 issue of that magazine. And Truesdell also has a longer piece online headlined “5 Things to Know About the Mysterious Shooting of Popular Florida Law Professor Dan Markel.” And Karl Etters of The Tallahassee Democrat has an article headlined “Magbanua’s attorneys: State on a ‘fishing expedition.’” Posted at 10:42 PM by Howard Bashman“State High Court Hears $41.7 Million Hotchkiss School Tick-Bite Case”: Edmund H. Mahony of The Hartford Courant has this report. The case is on certified question from the U.S. Court of Appeals for the Second Circuit. Posted at 10:06 PM by Howard Bashman“Court Reinstates Gender Discrimination Lawsuit in NY”: Larry Neumeister of The Associated Press has this report. And online at Slate, Mark Joseph Stern has a post titled “2nd Circuit Chief Judge: Anti-Gay Employment Discrimination Is Already Illegal Nationwide.” You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 10:02 PM by Howard Bashman“Gorsuch’s path to 60 votes closing fast; A ‘nuclear’ confrontation in the Senate could come as soon as next week”: Seung Min Kim and Elana Schor of Politico.com have this report. And Lawrence Hurley of Reuters reports that “More Democrats oppose Trump’s U.S. Supreme Court pick.” Posted at 9:44 PM by Howard Bashman“Supreme Court Considers Why Patent Trolls Love Texas”: Adam Liptak of The New York Times has this report. Robert Barnes of The Washington Post reports that “Supreme Court debating limits on where patent suits can be filed.” Andrew Chung of Reuters reports that “U.S. top court considers changing where patent cases may be filed.” And Susan Decker of Bloomberg News reports that “Supreme Court Weighs Possible Curb on Patent Suit Locations.” You can access at this link the transcript of today’s U.S. Supreme Court oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341. Posted at 8:22 PM by Howard BashmanSCOTUSDaily interviews David G. Savage of The Los Angeles Times: You can read the interview at this link. Posted at 8:04 PM by Howard BashmanAccess the contents of the March 2017 issue of The Yale Law Journal: Via this link. Therein, law professor Cristina Carmody Tilley has an article titled “Tort Law Inside Out.” And Noah B. Lindell has a comment titled “Williams-Yulee and the Anomaly of Campaign Finance Law.” Posted at 7:58 PM by Howard BashmanIn the April 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined “Is church entitled to state aid to buy playground covering?” David L. Hudson Jr. has an article headlined “Supreme Court considers 3 First Amendment cases this term.” Anthony Franze has an article headlined “What do Supreme Court advocates do with their feather quill mementos?” Law professor Philip N. Meyer has an article headlined “As most-cited songwriter, Bob Dylan brings complex poetry to court opinions.” Beth Schwartzapfel has an article headlined “When is someone too stoned to drive? The question is trickier than you’d think for courts to answer.” And Leslie Gordon has an article headlined “‘Loving’ movie gives new significance to landmark court case.” Posted at 5:26 PM by Howard Bashman“Trump travel ban case could be on fast track to appeals court’s full bench”: Josh Gerstein of Politico.com has this post about an order that the U.S. Court of Appeals for the Fourth Circuit issued today. Posted at 5:09 PM by Howard Bashman“Neil Gorsuch is a Teddy Roosevelt fanboy”: Helena Andrews-Dyer has this entry at the “Reliable Source” blog of The Washington Post. Posted at 2:09 PM by Howard Bashman“Democrats Weigh Next Steps on Neil Gorsuch’s Nomination; Senate minority likely can’t stop the Supreme Court pick”: Brent Kendall has this article in today’s edition of The Wall Street Journal. Posted at 2:05 PM by Howard Bashman“The Best Option for Democrats on Gorsuch”: Law professor Cass R. Sunstein has this essay online today at Bloomberg View. Posted at 2:03 PM by Howard Bashman“Judge Gorsuch and Chevron Doctrine Part I: The Misuse of Fact in De Niz Robles.” Asher Steinberg has this guest post — the first in a three-part series — today at the “Notice & Comment” blog of the Yale Journal on Regulation. I’m looking forward to having lunch tomorrow with Asher, the author of “The Narrowest Grounds” blog, tomorrow at a restaurant near my office in Willow Grove, Pa. Posted at 1:56 PM by Howard Bashman“Historical Rules of the Supreme Court (1790-Present)”: Josh Blackman has this blog post today. Posted at 1:33 PM by Howard Bashman“High court struggles over hospital pension dispute”: The Associated Press has this report. Update: You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Advocate Health Care Network v. Stapleton, No. 16-74. Posted at 1:20 PM by Howard Bashman“Dems force 1-week delay on panel vote on Supreme Court pick”: Mary Clare Jalonick of The Associated Press has this report. Posted at 1:02 PM by Howard BashmanView this morning’s oral argument of the Supreme Court of Connecticut in Munn v. The Hotchkiss School: The Connecticut Network is providing live video via this link. The case arrived at Connecticut’s highest court on certified question from the U.S. Court of Appeals for the Second Circuit. Posted at 10:00 AM by Howard BashmanAccess today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases. And the Court also called for the views of the Acting Solicitor General in one case. Update: In news coverage, Andrew Chung and Lawrence Hurley of Reuters have a report headlined “U.S. Supreme Court to hear Leidos contracting fraud fight.” Hurley reports that “U.S. top court rejects bid to revive $7.25 billion credit card settlement.” And Chung reports that “U.S. Supreme Court refuses to hear Vimeo music copyright dispute.” Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Won’t Reinstate $5.7 Billion Credit-Card Accord.” And The Associated Press reports that “Supreme Court won’t restore $7.25B swipe fees settlement” and “Justices won’t hear appeal in music copyright dispute.” Posted at 9:34 AM by Howard Bashman“Why It’s Become So Hard to Get an Abortion: When you can’t ban something outright, it’s possible to make the process of obtaining it so onerous as to be a kind of punishment.” In the April 3, 2017 issue of The New Yorker, Margaret Talbot has this review of law professor Carol Sanger‘s new book, “About Abortion.” Posted at 9:30 AM by Howard Bashman“OT2016 #17: ‘Kill Any Potential Hipness.'” You can access today’s new episode of the “First Mondays” podcast, featuring Ian Samuel and Dan Epps, via this link. Posted at 9:08 AM by Howard BashmanSunday, March 26, 2017
“Behind Neil Gorsuch’s Non-Answers: Every sign suggests that he would be at least as conservative a judicial activist as Samuel Alito.” Jeffrey Toobin will have this Comment in the Talk of the Town section of the April 3, 2017 issue of The New Yorker. Posted at 5:24 PM by Howard BashmanNot an in rem proceeding: On Friday, a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued its ruling in United States v. Titties. In spite of that caption, footnote one of the majority opinion explains that “Like the parties and the district court, we refer to the defendant by his proper last name of Tittle.” Posted at 2:00 PM by Howard Bashman“Home Depot must again face lawsuit over employee’s murder: U.S. court.” Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Friday. Update: In other coverage, Zoe Tillman of BuzzFeed News reports that “Home Depot Must Face Lawsuit Filed By The Family Of A Woman Killed By Her Supervisor.” Posted at 1:19 PM by Howard Bashman |
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