How Appealing



Wednesday, April 26, 2017

“How Trump Alienated the Judiciary: A ruling against his executive order on sanctuary cities is the latest rebuke dealt to the president by a federal judge.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 10:10 AM by Howard Bashman



Tuesday, April 25, 2017

“La Grande native was on hand to witness ceremony; Chris Mammen became friends with Neil Gorsuch at Oxford University”: Josh Benham of The La Grande (Ore.) Observer has this report.

Posted at 8:33 PM by Howard Bashman



In the May 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined “Racially discriminating statements in jury rooms are subject to scrutiny.”

Lorelei Laird has an article headlined “Controversial Supreme Court decision lands on the big screen.”

Victor Li has an article headlined “The 14th: A Civil War-era amendment has become a mini-Constitution for modern times.”

David L. Hudson Jr. has an article headlined “Public Employees, Private Speech: 1st Amendment doesn’t always protect government workers.”

And G.M. Filisko has an article headlined “Gun War: Congress has been silent on guns, but states haven’t, so change is on the horizon.”

Posted at 8:20 PM by Howard Bashman



“WV Supreme Court hears arguments in hate-crime case”: Erin Beck of The Charleston (W. Va.) Gazette-Mail has this report.

Shauna Johnson of West Virginia MetroNews reports that “Hate crime charges against former Marshall football player now a question for state Supreme Court.”

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Sex and Hate in the Mountain State: The West Virginia Supreme Court debates whether an anti-gay hate crime is really a hate crime.”

Posted at 8:00 PM by Howard Bashman



“How Justice Thomas’ Discontent Channels Justice Douglas”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 3:32 PM by Howard Bashman



Monday, April 24, 2017

Programming note: On Tuesday morning, I will be arguing an appeal on behalf of the plaintiff-appellee before a three-judge panel of the Superior Court of Pennsylvania. As a result, additional posts will not appear here until Tuesday afternoon.

At 10 a.m. eastern time on Tuesday, the U.S. Supreme Court is expected to issue one or more rulings in argued cases. You can access any decisions via this link just as soon as the Court posts them online.

As always while I am away from the computer, more frequent appellate-related retweets will appear on this blog’s Twitter feed.

Posted at 10:24 PM by Howard Bashman



“When the government can make businesses talk”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 9:06 PM by Howard Bashman



“‘Judge Kozinski, he saved my life’: A woman had already chosen her last meal when Judge Alex Kozinski saved her from death row; He admits she may be guilty — so why did he do it?” CBS News has posted online this video segment from “60 Minutes Overtime.”

Posted at 4:56 PM by Howard Bashman



“The Supreme Court’s double standard for qualified immunity cases”: Will Baude has this post at “The Volokh Conspiracy.”

Posted at 3:05 PM by Howard Bashman



“U.S. states realign in legal battle over Trump’s travel ban”: Dan Levine and Mica Rosenberg of Reuters have this report.

Posted at 1:35 PM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

In Smith v. Ryan, No. 16-8071, Justice Stephen G. Breyer issued a statement respecting the denial of certiorari.

In Salazar-Limon v. City of Houston, No. 16-515, Justice Samuel A. Alito, Jr. issued a concurrence, in which Justice Clarence Thomas joined, in the denial of certiorari. And Justice Sonia Sotomayor issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari.

Update: In early news coverage, The Associated Press reports that “High court won’t hear appeal over CIA torture report“; “Justices turn away GM appeal over ignition switches“; and “Justices won’t hear challenge to Alabama campaign law..”

And Reuters reports that “U.S. top court won’t review Houston police shooting ‘waistband’ defense“; “Supreme Court rejects GM bid to block ignition switch suits“; “U.S. top court preserves Alabama campaign finance curbs“; “U.S. Supreme Court snubs Chesapeake Energy in bonds dispute“: and “U.S. high court won’t review WellCare ex-CEO fraud conviction.”

Posted at 9:34 AM by Howard Bashman



“Texas man convicted in double slaying to get Supreme Court hearing; The U.S. Supreme Court, including its newest justice, Neil Gorsuch, will decide on a legal technicality in the case of a Fort Worth man who killed a 5-year-old girl and her grandmother”: Jolie McCullough of The Texas Tribune has this report.

Posted at 8:12 AM by Howard Bashman



“Supreme Court To Decide If Prosecution, Defense Can Share Experts in Capital Case”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 8:09 AM by Howard Bashman



Sunday, April 23, 2017

“Judge Alex Kozinski’s advice for President Trump: Ninth Circuit Court of Appeals judge tells 60 Minutes it’s not the judiciary’s job to be a political counterforce, but to protect against abuses.” Lesley Stahl had this segment (video / transcript) on this evening’s broadcast of the CBS News program “60 Minutes.”

Posted at 11:26 PM by Howard Bashman



“Berkeley cell phone warning law upheld by federal appeals court”: Bob Egelko of The San Francisco Chronicle has this report.

Tom Lochner of The East Bay Times reports that “Judges panel gives ringing boost to Berkeley’s cell phone disclosure ordinance; A federal court panel found that Berkeley’s cellphone disclosure ordinance does not violate the First Amendment.”

And Cyrus Farivar of Ars Technica reports that “Mobile industry loses its bid to stop Berkeley’s cellphone warning law; 9th Circuit: Local law actually ‘complements and reinforces’ federal law, policy.”

You can access Friday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:09 PM by Howard Bashman



“Suspended Chief Justice Roy Moore to announce plans Wednesday”: Mike Cason of AL.com has a report that begins, “Suspended Alabama Supreme Court Chief Justice Roy Moore will announce his future plans on the steps of the State Capitol on Wednesday.”

Posted at 8:54 PM by Howard Bashman