How Appealing



Tuesday, April 18, 2017

“Listen to Justice Gorsuch’s first words — on Friday”: Columnist Michael McGough has this essay online at The Los Angeles Times.

Posted at 1:18 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases. Justice Neil M. Gorsuch did not participate in either ruling, as both cases were argued before he reached the Court.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406. You can access the oral argument via this link.

2. And Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Coventry Health Care of Mo. v. Nevils, No. 16-149. Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that “High court sides with Goodyear in personal injury dispute.”

Posted at 10:03 AM by Howard Bashman



On the agenda: From Wednesday afternoon through midday on Friday, I will be attending the Judicial Conference of the U.S. Court of Appeals for the Third Circuit in Lancaster, Pennsylvania. Law professor Orin Kerr will be there, enabling him to communicate in person his recommendations (see here and here) for how that court’s current vacancies should be filled.

On Tuesday of next week, I will be arguing an appeal on behalf of the plaintiff-appellee before a three-judge panel of the Superior Court of Pennsylvania.

And on Thursday of next week, I will be arguing an appeal on behalf of the plaintiffs-appellants before a three-judge panel of the Third Circuit.

Posted at 8:40 AM by Howard Bashman



“Neil Gorsuch Sounded A Lot Like Justice Scalia On His First Day On The Job; The rookie justice tried to make a good impression, but he wasn’t afraid to leave a mark”: Cristian Farias of The Huffington Post has this report.

Posted at 8:24 AM by Howard Bashman



Monday, April 17, 2017

“Does the Freedom of Information Act require disclosure of booking photos of publicly named, federal indictees who have already appeared in open court?” Last week, the federal government filed its Brief in Opposition to the Petition for a Writ of Certiorari that The Detroit Free Press filed last November in the U.S. Supreme Court presenting this question (links to documents via “SCOTUSblog“).

My earlier coverage of the Sixth Circuit’s 9-to-7 en banc ruling in this case can be accessed here and here.

Posted at 10:45 PM by Howard Bashman



“Bitter Fight Behind Him, Justice Gorsuch Starts Day With Relish”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Hearing first arguments as member of the Supreme Court, Gorsuch jumps right in.”

David G. Savage of The Los Angeles Times reports that “A confident Justice Gorsuch plunges into the debate on his first day at the Supreme Court.”

Michael Doyle of McClatchyDC reports that “Gorsuch gets some laughs — and answers — at his first Supreme Court oral argument.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Justice Gorsuch Finds His ‘Easier’ Solution Has Few Takers On 1st Day.”

Posted at 8:30 PM by Howard Bashman



“Justices, Tenure, and What to Expect Moving Forward”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 4:08 PM by Howard Bashman



“Neil Gorsuch’s First Big Test: Which side will he come down on in an important religious liberty case?” Dahlia Lithwick and Camille Mott have this jurisprudence essay online today at Slate.

Posted at 3:18 PM by Howard Bashman



“Alternative Facts & History, and Alarming Implications, in DOJ’s CFPB Brief”: Neil J. Kinkopf has this post at the “Take Care” blog.

Posted at 10:58 AM by Howard Bashman



“To Fix the Confirmation Process We Need to Face the Truth About SCOTUS”: Eric Segall has this post today at “Dorf on Law.”

Posted at 10:48 AM by Howard Bashman



Sunday, April 16, 2017

“May it please the court: an alumna’s journey to the Supreme Court.” Sonali Seth of The Daily Trojan, the student newspaper of the University of Southern California, has this report.

Posted at 10:57 PM by Howard Bashman



“Will Supreme Court Justice Neil Gorsuch recuse himself on his first day on the job?” Cody Derespina of FoxNews.com has this report.

Posted at 10:50 PM by Howard Bashman



“A civility award for the Supreme Court’s odd couple”: Columnist Michael McGough recently had this essay online at The Los Angeles Times.

Posted at 8:44 PM by Howard Bashman