How Appealing



Wednesday, March 22, 2017

“Of Horse v. Duck, Mutton Busting and Other Confirmation Diversions”: Matt Flegenheimer of The New York Times has this report.

Posted at 9:05 PM by Howard Bashman



“Neil Gorsuch Was Hatched in a Federalist Society Lab: With spare body parts stolen from Atticus Finch, Richie Cunningham, and Snoopy.” Dahlia Lithwick has this jurisprudence essay online today at Slate.

Posted at 3:44 PM by Howard Bashman



“Highlights From Judge Gorsuch’s Confirmation Hearing”: Adam Liptak, Charlie Savage, Matt Flegenheimer, and Carl Hulse of The New York Times have this report.

Posted at 1:10 PM by Howard Bashman



“Bush State Department Official Confirms Gorsuch’s Account of Waterboarding Dispute”: Jess Bravin has this post today at WSJ.com’s “Washington Wire” blog.

Posted at 11:14 AM by Howard Bashman



“My Testimony on Originalism for the Gorsuch Hearings”: Lawrence Solum has this post today at his “Legal Theory Blog,” You can access directly the prepared text of the textimony on SSRN via this link.

Posted at 11:06 AM by Howard Bashman



“Public Record, Astronomical Price: Unable to afford a trial transcript, a journalist digs into the laws that govern them.” Emma Copley Eisenberg has this commentary online at The Marshall Project.

Posted at 10:54 AM by Howard Bashman



“No Peeking? Korematsu and Judicial Credulity.” Ian Samuel and Leah Litman have this post today at the “Take Care” blog.

Posted at 10:22 AM by Howard Bashman



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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Czyzewski v. Jevic Holding Corp., No. 15-649. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion of the Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment. And Justice Breyer issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Endrew F. v. Douglas County School Dist. RE-1, No. 15-827. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



“Supreme Court Justice Confirmation Hearing, Day 3”: You can watch live, online from C-SPAN via this link. Today’s proceedings are scheduled to begin moments from now, at 9:30 a.m. eastern time.

Posted at 9:27 AM by Howard Bashman



“Gorsuch Says He’d Rule Against Trump if Law Required It”: Adam Liptak and Matt Flegenheimer have this front page article in today’s edition of The New York Times. Also in today’s paper, Charlie Savage has an article headlined “Where Does Gorsuch Stand on Torture? It’s Hard to Say.” And Carl Hulse reports that “Joviality at Neil Gorsuch’s Hearing Masks Drama Behind the Scenes.”

In today’s edition of The Washington Post, Robert Barnes and Ed O’Keefe have a front page article headlined “Supreme Court nominee Gorsuch stresses his independence from President Trump.” Also in today’s paper, Paul Kane has an article headlined “Gorsuch promises independence from Trump — and steals Democrats’ line of attack.” Columnist Dana Milbank has an op-ed titled “Good-golly Gorsuch may turn out to be a rascal on the bench.” Columnist Kathleen Parker has an op-ed titled “President Trump’s sanest decision.” And at the newspaper’s “Wonkblog,” Christopher Ingraham has a post titled “Sorry Neil Gorsuch — American judges are just as partisan as everyone else.”

David G. Savage and Evan Halper of The Los Angeles Times report that “Gorsuch promises he would be independent on Supreme Court, including from President Trump.”

In today’s edition of The Wall Street Journal, Jess Bravin has a front page article headlined “Supreme Court Nominee Neil Gorsuch Deflects Tough Questions From Democrats; President Donald Trump’s high-court pick seemed to avoid missteps during confirmation hearing.”

In today’s edition of USA Today, Richard Wolf has a front page article headlined “Supreme Court nominee Neil Gorsuch evades tough questions at confirmation hearing.”

Michael Doyle of McClatchyDC reports that “Gorsuch sailing through Supreme Court confirmation hearing, helped by Sen. Tillis.”

In today’s edition of The Washington Times, Alex Swoyer has a front page article headlined “Gorsuch promises independence from Trump, Congress.” And Stephen Dinan reports that “Gorsuch’s rulings come under the microscope.”

In today’s edition of The Denver Post, Mark K. Matthews has a front page article headlined “Senate presses Neil Gorsuch on torture, abortion and elections.”

And on today’s broadcast of NPR’s “Morning Edition” Nina Totenberg had an audio segment titled “Gorsuch Stresses Judicial Independence In Second Day Of Hearings.” The program also contained an audio segment titled “Trump Adviser On Navigating Gorsuch’s Nomination.”

Posted at 8:30 AM by Howard Bashman



“‘I’ll Criticize Judges,’ Trump Says, Hours After a Scolding for Doing Just That”: Glenn Thrush of The New York Times has this report.

Posted at 8:24 AM by Howard Bashman



Tuesday, March 21, 2017

“Court: Student prayer allowed at Birdville school board meetings.” Ryan Osborne of The Fort Worth Star-Telegram has this report.

Julieta Chiquillo of The Dallas Morning News reports that “Birdville ISD won’t have to end student-led prayers at board meetings.”

Jonathan Stempel of Reuters has a report headlined “Texas school board can start meetings with prayer: U.S. appeals court.”

And Kevin McGill of The Associated Press has a report headlined “Court: Student prayers OK at school board meetings.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 10:08 PM by Howard Bashman



“Man jailed indefinitely for refusing to decrypt hard drives loses appeal; ‘Our client has now been in custody for almost 18 months,’ defense attorney says”: David Kravets of Ars Technica has this report.

Tera Brostoff of Bloomberg BNA reports that “Child Porn Defendant Can Be Forced to Decrypt Hard Drives.”

BBC News reports that “US man loses appeal over encrypted drives.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Third Circuit doesn’t resolve standard for forced decryption under the Fifth Amendment.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 9:00 PM by Howard Bashman



“What Recent SCOTUS Confirmations Tell Us About the Gorsuch Hearings”: Adam Feldman has this post today at his “Empirical SCOTUS” blog.

Posted at 8:10 PM by Howard Bashman



“How the First Amendment Applies to Trump’s Presidency”: Lincoln Caplan has this post online today at The New Yorker.

Posted at 4:06 PM by Howard Bashman



“Gorsuch’s Nomination Is the Fruit of a Broken Confirmation Process; The Colorado judge’s potential rise to the Supreme Court is compromised by the crudest sort of bare-knuckle partisan politics”: Law professor Garrett Epps has this essay online at The Atlantic, along with an essay titled “Gorsuch’s Selective View of ‘Religious Freedom’; Trump’s nominee to replace Justice Antonin Scalia possesses the same limited view of religious freedom supported by the conservatives currently on the Supreme Court.”

Posted at 4:02 PM by Howard Bashman



“Seven Takeaways From Gorsuch Confirmation Hearings”: Matt Flegenheimer, Adam Liptak, Carl Hulse, and Charlie Savage of The New York Times have this report.

Robert Barnes, Ed O’Keefe, and Sean Sullivan of The Washington Post have a report headlined “Supreme Court confirmation hearing: Neil Gorsuch on political pressure and judicial independence.”

Richard Wolf of USA Today reports that “Supreme Court nominee Neil Gorsuch evades tough questions at confirmation hearing.”

Alex Swoyer of The Washington Times reports that “Gorsuch promises independence from Trump, Congress.”

And Lawrence Hurley and Andrew Chung of Reuters report that “Supreme Court nominee stakes out independence from Trump.”

Posted at 12:56 PM by Howard Bashman



“U.S. Supreme Court hears arguments in dispute over St. Croix riverfront lot; Siblings say zoning restrictions wrongly interfere with its sale”: Maya Rao of The Minneapolis Star Tribune has this report.

Sam Hananel of The Associated Press reports that “Supreme Court seems divided in property rights dispute centered on Wisconsin cottage.”

And at “The Volokh Conspiracy,” Ilya Somin has a post titled “Thoughts on the oral argument in Murr v. Wisconsin.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Murr v. Wisconsin, No. 15-214.

Posted at 10:22 AM by Howard Bashman