How Appealing



Saturday, March 18, 2017

“Obstacles are ahead, but Gorsuch seems set to clear Supreme Court confirmation bar”: Michael Doyle of McClatchyDC has this report.

Posted at 1:28 PM by Howard Bashman



“‘Stairway to Heaven’ Fight Heads to 9th Circuit”: Ashley Cullins has this post at the “THR, Esq.” blog of The Hollywood Reporter.

You can view at this link the brief for appellant, which was accompanied by a motion for leave to exceed the applicable word limit.

Posted at 12:48 PM by Howard Bashman



“Lack of Oxford Comma Could Cost Maine Company Millions in Overtime Dispute”: Daniel Victor had this article in yesterday’s edition of The New York Times.

Posted at 12:40 PM by Howard Bashman



Friday, March 17, 2017

“Is the Scalia theory that Judge Gorsuch embraces a lofty constitutional doctrine or just an excuse to be conservative?” David G. Savage of The Los Angeles Times has an article that begins, “When Judge Neil Gorsuch, President Trump’s Supreme Court nominee, goes before the Senate next week, it will be a triumphant moment for ‘originalism,’ the once-obscure theory that the Constitution should be interpreted according to the meaning of words and phrases as they were understood in the times they were written.”

Posted at 11:48 PM by Howard Bashman



“9th Circuit judges in nasty feud over Trump travel ban; Jurists trade charges and counter-charges over ruling that kept block on executive order”: Josh Gerstein of Politico.com has this report.

The opinions that various Ninth Circuit judges filed today in Washington v. Trump can be accessed here.

Posted at 11:37 PM by Howard Bashman



Thursday, March 16, 2017

Programming note: On Friday morning, I will be in a trial court in connection with a case I am working on that’s at the post-trial motion stage. As a result, additional posts will appear here on Friday afternoon.

As always while I am away from the office, additional appellate-related retweets may appear on this blog’s Twitter feed.

Posted at 11:09 PM by Howard Bashman



“Lawmakers warn judges ruling on travel bans against exceeding power; Rulings seen as political”: Andrea Noble and Stephen Dinan of The Washington Times have this report.

Posted at 11:05 PM by Howard Bashman



“House, Senate Approve Justice Palmer For Another Term On Supreme Court Bench”: Christopher Keating of The Hartford Courant had this article last week.

Posted at 10:40 PM by Howard Bashman



“The Revolt of the Judges: What Happens When the Judiciary Doesn’t Trust the President’s Oath.” Benjamin Wittes and Quinta Jurecic have this post at “Lawfare.”

Posted at 9:46 PM by Howard Bashman



“Judge Gorsuch’s Writings Signal He Would Be A Conservative On Social Issues”: Nina Totenberg had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 8:00 PM by Howard Bashman



“AP Explains: The doctrine sure to emerge in Gorsuch hearings.” Mark Sherman of The Associated Press has an article that begins, “When Democrats question Supreme Court nominee Neil Gorsuch at his Senate confirmation hearing next week, they’ll probably ask a lot about something called ‘Chevron deference.'”

Posted at 3:30 PM by Howard Bashman



“NY court asked to determine if chimp is legally a person”: Verena Dobnik of The Associated Press has this report.

Karin Brulliard of The Washington Post has an article headlined “Corporations can be people. A river was just made a person. What about chimpanzees?” (The article is also available here directly from The WaPo bearing a much less interesting headline.)

And Andrew Denney of The New York Law Journal reports that “Chimp Advocate Doggedly Pursues Animal Rights.”

Posted at 3:27 PM by Howard Bashman



“Why Courts Shouldn’t Try to Read Trump’s Mind: The judiciary should not abandon its traditional role simply because the president has abandoned his.” Law professor Josh Blackman has this essay online today at Politico Magazine.

Posted at 2:58 PM by Howard Bashman



“Appeals court judges rebuke Trump for ‘personal attacks’ on judiciary, ‘intimidation'”: Fred Barbash of The Washington Post has this report.

Posted at 2:07 PM by Howard Bashman



“Gorsuch Has Strong Tie to Proponent of Morality-Based ‘Natural Law’; Among Supreme Court nominee’s mentors is revered law professor whose conservative views on social issues have ignited controversy”: Jess Bravin of The Wall Street Journal has this report.

Posted at 11:14 AM by Howard Bashman



“A Matter of Life: The death penalty as a conservative conundrum.” Mary Cuddehe has this article in the March 2017 issue of Harper’s Magazine.

Posted at 10:55 AM by Howard Bashman