How Appealing



Sunday, March 26, 2017

“D.C. Circuit Review — Reviewed: ‘Breyer, Alito, and Their Pals.'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 10:30 AM by Howard Bashman



“Court to hear case of student brain damaged after China trip”: The Associated Press has a report that begins, “The Connecticut Supreme Court will hear arguments in a case involving a private boarding school student who contracted a tick-borne disease during a school trip to China and was left brain-damaged.”

And in commentary, law professors John C.P. Goldberg and Benjamin C. Zipursky have an op-ed titled “Legal Test Of School’s Responsibility In $41.5 Million Hotchkiss Case” online at The Hartford Courant.

The case, on certified question from the U.S. Court of Appeals for the Second Circuit, is scheduled for oral argument tomorrow in the Supreme Court of Connecticut.

Posted at 10:05 AM by Howard Bashman



Saturday, March 25, 2017

“Detroit man: I almost froze to death, and Gorsuch didn’t care.” Tresa Baldas has this front page article in today’s edition of The Detroit Free Press.

Lucia Graves of The Guardian (UK) has an article headlined “Neil Gorsuch’s confirmation hearing revealed his hidden similarity to Trump; The two appear to be a study in contrasts — but both display a remarkable lack of compassion; Their likeness could serve to justify Democrats’ opposition.”

In commentary, online at The Denver Post, Ira Chernus has an essay titled “In the case of a trucker’s life vs. his cargo, Judge Neil Gorsuch ruled for the cargo.”

And at CNN.com, Paul Callan has an essay titled “Judge Gorsuch and the frozen truck driver.”

Posted at 11:34 PM by Howard Bashman



“It’s not Neil Gorsuch’s fault, but we can’t support his ascension to a stolen Supreme Court seat”: This editorial appears in today’s edition of The Los Angeles Times.

Posted at 11:15 PM by Howard Bashman



“Gorsuch Grins, Says Nothing: Were these hearings really as pointless as they seemed?” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 11:09 PM by Howard Bashman



“Locker Room Talk at the Capitol Hill Boys Club: Neil Gorsuch’s chummy, back-slapping Supreme Court confirmation hearings should’ve been held beside a keg.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 11:05 PM by Howard Bashman



“The History of ‘Stolen’ Supreme Court Seats: As the new administration seeks to fill a vacancy on the Court, a look back at the forgotten mid-19th century battles over the judiciary.” Erick Trickey of Smithsonian.com has this report.

Posted at 12:38 PM by Howard Bashman



“Judges’ Late Travel-Ban Dissent May Preview Supreme Court Approach”: Roger Parloff has this post online at New York Magazine.

Posted at 12:30 PM by Howard Bashman



“Historic Utah mansion — with gold-leaf walls and Supreme Court marble — going up for auction”: Luke Ramseth of The Salt Lake Tribune has this report.

Posted at 12:22 PM by Howard Bashman



“Democrats file complaint against Supreme Court justice over GOP promotion”: Matthew DeFour of The Wisconsin State Journal has an article that begins, “A Democratic Party official has filed a complaint against conservative Wisconsin Supreme Court Justice Michael Gableman for appearing in promotional materials as a featured speaker for a recent local Republican Party fundraiser.”

Posted at 12:15 PM by Howard Bashman



“Justice Hardesty gives tour of Nevada Supreme Court building set to open Monday”: David Ferrara of The Las Vegas Review-Journal has this report.

Posted at 12:11 PM by Howard Bashman



“Why Neil Gorsuch’s Confirmation Hearings Were a Waste of Time: Trump’s Supreme Court pick said virtually nothing of substance — and the Democrats seem unlikely to stand firm against him.” David S. Cohen of Rolling Stone has this report.

Posted at 11:58 AM by Howard Bashman



“End Supreme Court lotto: Do we want any president to have the power to shape the Court and therefore the country for 30 years or more?” James Tisch has this essay online at USA Today.

Posted at 11:55 AM by Howard Bashman



“Napolitano told friends he was on Trump’s Supreme Court shortlist; The benched Fox News personality has claimed the president told him he’d be considered for the next seat that comes open”: Eliana Johnson and Annie Karni of Politico.com have this report.

Posted at 11:50 AM by Howard Bashman



“Gorsuch may have clerked for Kennedy, but hearings show he’s more like Scalia”: Robert Barnes has this article in today’s edition of The Washington Post.

Posted at 10:00 AM by Howard Bashman



Friday, March 24, 2017

“Neil Gorsuch Makes the Case for His Own Independence”: Benjamin Wallace-Wells has this post online at The New Yorker.

Posted at 3:48 PM by Howard Bashman



“Feds try for toss of hedge fund founder’s misconduct case at 2nd Circuit”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post that begins, “On Friday morning, the Justice Department will appear before Judges Reena Raggi, Denny Chin and Susan Carney of the 2nd U.S. Circuit Court of Appeals to argue that even if an FBI agent misrepresented government evidence to obtain a search warrant in 2010 against hedge fund founder David Ganek, it doesn’t really matter.”

Posted at 10:22 AM by Howard Bashman



“Chuck Schumer Breaks the Senate: Why desperate red-state Democrats are floating a ‘deal’ to let Gorsuch through.” Kimberley A. Strassel has this op-ed in today’s edition of The Wall Street Journal.

Posted at 9:10 AM by Howard Bashman



“High-Court Case to Challenge Jurisdiction ‘Shopping’ in Patent Suits; Litigation challenges system that has led to concentration of patent cases in plaintiff-friendly districts”: John D. McKinnon has this front page article in today’s edition of The Wall Street Journal.

Posted at 9:02 AM by Howard Bashman



Thursday, March 23, 2017

Programming note: Later today, I will be traveling to Minneapolis, where tomorrow I will be delivering the keynote address at the Minnesota State Bar Association’s 11th Annual Appellate Practice Institute. As a result, additional posts will not appear here until tonight.

In the interim, as is often the case while I am traveling, appellate-related retweets are likely to appear on this blog’s Twitter feed.

Posted at 11:32 AM by Howard Bashman



“J. Gorsuch Will Be Awful on #SCOTUS for Progressives. Democrats Should Not Filibuster Him.” Rick Hasen has this post at his “Election Law Blog.”

Posted at 10:08 AM by Howard Bashman



“Democrats Fail to Move Gorsuch Off Script and Beyond Generalities”: Adam Liptak and Matt Flegenheimer have this article in today’s edition of The New York Times.

Posted at 10:06 AM by Howard Bashman