How Appealing



Sunday, April 30, 2017

“WV Supreme Court won’t cancel gas royalty case rehearing”: Ken Ward Jr. of The Charleston (W. Va.) Gazette-Mail has this report.

Posted at 8:30 PM by Howard Bashman



“Trump to stick with conservative list for next Supreme Court pick”: Stephen Dinan of The Washington Times has an article that begins, “President Trump will stick with the same list of potential nominees for the next Supreme Court vacancy, he told The Washington Times in an exclusive interview.”

Posted at 8:20 PM by Howard Bashman



Saturday, April 29, 2017

“For Supreme Court, It’s Decision Time: Key cases this term include one about redistricting and another on church-and-state “ Brent Kendall of The Wall Street Journal has this report.

Posted at 8:57 PM by Howard Bashman



“Appeal could drag out Trump University settlement; Ex-student plans to take case to 9th Circuit, lawyer says”: Josh Gerstein of Politico.com has this report.

Posted at 5:27 PM by Howard Bashman



Friday, April 28, 2017

Access the audio of my oral argument yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit: Via this link (13.3 MB mp3 audio file). The panel consisted of Circuit Judges Theodore A. McKee and Thomas I. Vanaskie and Senior Circuit Judge Marjorie O. Rendell.

The appellate briefs can be accessed here: my clients’ Brief for Plaintiffs/Appellants; the defendants’ Brief for Appellees; and my client’s Reply Brief for Plaintiffs/Appellants.

Posted at 6:08 PM by Howard Bashman



“Trump prepares to seat Judge Thapar, first of scores of conservatives for federal courts”: Alex Swoyer of The Washington Times has this report.

Posted at 8:45 AM by Howard Bashman



Thursday, April 27, 2017

“Employee’s pay based on past salary OKd by court”: Bob Egelko of The San Francisco Chronicle has an article that begins, “An employer can pay a woman less than a man for the same work if the man was paid more at his previous job and if the employer had a reasonable policy to justify reliance on past salaries, a federal appeals court ruled Thursday.”

And Sudhin Thanawala of The Associated Press has a report headlined “Court: Employers can pay women less based on past salaries.”

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

Posted at 10:50 PM by Howard Bashman



A criminal defendant’s lawyer missed attending seven minutes of a 31-hour trial, resulting in a 281-page ruling of the en banc Eleventh Circuit: That’s more than 40 pages of opinion per minute that defense counsel was absent. You can access the entire ruling at this link.

Posted at 10:22 PM by Howard Bashman



“Austin Abortion Clinic Reopens After Supreme Court Ruling. Will Any More Follow? Whole Woman’s Health is accepting appointments in Austin this week while about two dozen other clinics remain closed in the wake of HB 2.” Sophie Novack of The Texas Observer has this report.

Posted at 8:02 PM by Howard Bashman



“Panel: Probable cause that R.I. Supreme Court justice Flaherty violated ethics code.” Katie Mulvaney of The Providence Journal has this report.

Posted at 7:58 PM by Howard Bashman



“For Arkansas Community, an Execution Is ‘the One We’re Waiting On'”: Alan Blinder and Manny Fernandez of The New York Times have this report.

Posted at 7:28 PM by Howard Bashman



“‘Blurred Lines’ Appeal Brief Says Artists Can’t Copyright a Groove”: Ashley Cullins has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 7:22 PM by Howard Bashman



“Difficult legal path forward for Trump in sanctuary cities case”: Mica Rosenberg and Dan Levine of Reuters have this report.

Posted at 6:58 PM by Howard Bashman



“Has the 9th Circuit gone ‘bananas’? And can Trump break it up?” Maura Dolan of The Los Angeles Times has this report. And David G. Savage of The Los Angeles Times has a news analysis headlined “How some of the Supreme Court’s conservative opinions may lead to a liberal victory on sanctuary cities.”

Michael Doyle of McClatchyDC has a report headlined “With a cudgel and some code words, Trump goes after the judges who displease him.”

And online at The Hill, law professor Jonathan Turley has an essay titled “There are good reasons to split the 9th Circuit, but Trump’s reason isn’t one.”

Posted at 6:45 PM by Howard Bashman



Wednesday, April 26, 2017

“Justices Alarmed by Government’s Hard-Line Stance in Citizenship Case”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court fears giving government too much power to revoke naturalization.”

Jess Bravin of The Wall Street Journal reports that “Justices Challenge Government Position on Stripping Citizenship for Immigrants Over Small Lies; Justice Department lawyer argued that any false statement on naturalization form, even about one’s weight, could cost an individual his citizenship.”

Richard Wolf of USA Today has an article headlined “Lose citizenship for fibbing? Supreme Court justices fume.”

Mark Sherman of The Associated Press reports that “Justices seem to favor limits on revoking US citizenship.”

And Lawrence Hurley of Reuters reports that “U.S. chief justice alarmed at Trump administration immigration case stance.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Maslenjak v. United States, No. 16-309.

Posted at 9:04 PM by Howard Bashman



“Defiant Trump Vows to Take Immigration Case to Supreme Court”: Peter Baker of The New York Times has an article that begins, “President Trump vowed on Wednesday to challenge California jurisdictions all the way to the Supreme Court after a federal judge there stopped him from withholding funds to penalize them for shielding illegal immigrants.”

Posted at 8:25 PM by Howard Bashman