How Appealing



Thursday, March 16, 2017

“The Sage of Yale Law: Anthony Kronman was a university dean. Now he’s a ‘born-again pagan’ who thinks he might have discovered the meaning of life.” Joshua Rothman has this post online today at The New Yorker.

Posted at 10:48 AM by Howard Bashman



“The Supreme Court Confronts Racism in the Jury Room: Is racism in deliberations any less toxic than racism in open court?” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 10:46 AM by Howard Bashman



“Cochran likely to pick federal judge to replace Jolly”: Sid Salter has this essay online at The Clarion-Ledger of Jackson, Mississippi.

Posted at 10:44 AM by Howard Bashman



“5th Circ. Won’t Rehear 3-D Gun Printing Restriction Dispute”: Jess Krochtengel of Law360.com has a report (subscription required for full access) that begins, “The Fifth Circuit on Wednesday declined to rehear en banc a gun advocacy group’s argument that the U.S. Department of State had wrongfully barred it from posting digital firearm designs for 3-D printing online.”

You can access yesterday’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc by a 9-to-5 vote, and the dissent therefrom, at this link.

My earlier coverage of the original divided three-judge Fifth Circuit panel’s ruling can be accessed here.

Posted at 10:30 AM by Howard Bashman



Wednesday, March 15, 2017

“The Final Stretch: Cases from the Last Two Months of Supreme Court Oral Arguments.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 9:30 PM by Howard Bashman



Ninth Circuit denies rehearing en banc in Washington v. Trump: You can access this evening’s order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the opinions concurring in and dissenting from that order, at this link. The order notes that “Filings by other judges may follow.”

Update: In news coverage, Chris Geidner of BuzzFeed News reports that “Federal Appeals Court Will Let Ruling Against Trump’s Original Travel Ban Stand; The decision from the US Court of Appeals for the Ninth Circuit not to rehear the decision means the appeals court will not vacate its earlier order — which contained some strong language about the limits of executive authority.”

Posted at 9:22 PM by Howard Bashman



“Special Alabama Supreme Court grants suspended Chief Justice Roy Moore speedy trial request”: Kent Faulk of The Birmingham News has this report.

Posted at 8:52 PM by Howard Bashman



“New TV Ads Hit SCOTUS Nominee For Putting Corporations Over People; They’re aimed at pressuring two vulnerable GOP senators, Jeff Flake and Dean Heller, to oppose Neil Gorsuch”: Jennifer Bendery of The Huffington Post has this report.

Posted at 5:40 PM by Howard Bashman



“How Gorsuch is preparing for his Senate showdown: The Supreme Court nominee is undergoing ‘murder boards’ and boning up on his own rulings ahead of next week’s confirmation hearings.” Seung Min Kim of Politico.com has this report.

Posted at 5:36 PM by Howard Bashman



“Third Circuit Oral Arguments, in Online Video and in the Courtroom”: Yesterday’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, contained this month’s installment of my “Upon Further Review” column.

Posted at 5:04 PM by Howard Bashman



“Schumer: Democrats remain skeptical of Gorsuch, may block him.” Ted Barrett of CNN.com has this report.

Laura Litvan of Bloomberg News reports that “Schumer Likely to Oppose Gorsuch Confirmation as Hearing Nears.”

Lydia Wheeler of The Hill has a report headlined “Schumer on Gorsuch: Don’t change the rules, change the nominee.”

And Lawrence Hurley of Reuters reports that “Democrats preview line of attack on ‘pro-corporate’ high court nominee.”

Posted at 3:14 PM by Howard Bashman



Current round of sex toy due process-related litigation achieves en banc review in the Eleventh Circuit: You can view yesterday’s order of the U.S. Court of Appeals for the Eleventh Circuit granting en banc review at this link.

My earlier coverage of the original Eleventh Circuit three-judge panel’s ruling in the case, which had urged full-court review, can be accessed here and here.

As demonstrated by a 194-page en banc ruling that the Eleventh Circuit issued yesterday — about which I am likely to post more at some point in the not too distant future — the Atlanta-based federal appellate court knows how to make en banc review interesting.

Posted at 12:00 PM by Howard Bashman



“Cat-loving judge makes case that has nothing to do with cats all about cats”: Kim Janssen of The Chicago Tribune has an article that begins, “He’s Chicago’s most feared judge and a self-described ‘cat person.’ Now 78-year-old appellate Judge Richard Posner has found a way to combine his profession with his hobby.”

Posted at 11:07 AM by Howard Bashman



“Democrats’ Misguided Argument Against Gorsuch”: Law professor Noah Feldman has this essay online today at Bloomberg View.

Posted at 11:00 AM by Howard Bashman



Tuesday, March 14, 2017

“Key Democrats Are Undecided As They Prepare To Grill Trump’s Supreme Court Nominee; With Judge Neil Gorsuch’s nomination hearings set to begin next week, several red state Democrats and even some liberal members say they haven’t decided how they’ll vote on President Trump’s pick for the Supreme Court”: Emma Loop of BuzzFeed News has this report.

Posted at 8:20 PM by Howard Bashman



“Fifth Circuit Judge Assails DOJ ‘Arrogance’ in Voting Rights Case”: Miriam Rozen of Texas Lawyer has this report. The portion of Fifth Circuit Judge Jerry E. Smith‘s dissent that is the focus of this article can be accessed here.

And in earlier coverage of the three-judge district court’s ruling (access the dissent directly at this link) at his “Elecction Law Blog,” Rick Hasen has a post titled “Analysis: Texas Redistricting Decision Major Victory for Voting Rights Bar and May Pave Way for Texas to Be Back under Federal Supervision.”

Posted at 12:08 PM by Howard Bashman