How Appealing



Wednesday, April 12, 2017
Tuesday, April 11, 2017

In Bashman news from Australia: PerthNow reported one week ago today that “Perth carjackers bash man, steal BMW.”

And thanks to one of this blog’s longtime readers residing in Australia for emailing yesterday to congratulate me on this blog’s upcoming 15th birthday!

Posted at 10:42 AM by Howard Bashman



“Neil Gorsuch’s Appointment Further Blurs Line Between Law and Politics; New justice’s appointment was directly linked to the partisan presidential election cycle”: In today’s edition of The Wall Street Journal, Jess Bravin has an article that begins, “The bruising partisan process that preceded the swearing-in of Neil Gorsuch on Monday to the U.S. Supreme Court less recalled the stately self-image of the federal bench than the sharp-elbowed, much criticized retail politics most states use to elect their judges.”

Posted at 10:22 AM by Howard Bashman



“Neil M. Gorsuch sworn in as 113th Supreme Court justice”: Robert Barnes and Ashley Parker have this article in today’s edition of The Washington Post.

David G. Savage of The Los Angeles Times reports that “Gorsuch thanks Trump as he takes oath as Supreme Court justice.”

In today’s edition of The New York Times, Julie Hirschfeld Davis has an article headlined “Neil Gorsuch Is Sworn In as Supreme Court Justice.”

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Neil Gorsuch Takes Oath in Rose Garden Ceremony, Filling Supreme Court Vacancy; Colorado jurist expected to restore the conservative majority jeopardized by death of Justice Antonin Scalia.”

Richard Wolf and David Jackson of USA Today report that “Neil Gorsuch sworn in as 113th Supreme Court justice.”

Alex Swoyer of The Washington Times reports that “Justice Gorsuch may quickly make mark on Supreme Court rulings.”

And in today’s edition of The Denver Post, Mark K. Matthews has a front page article headlined “Neil Gorsuch takes oath of office to become Supreme Court justice; Neil Gorsuch’s oath was administered by Justice Anthony Kennedy.”

Posted at 10:18 AM by Howard Bashman



“Appeals Court to Review Trump Travel Ban With All Active Judges Participating; Fourth Circuit Court to skip three-judge panel review, possibly speeding up resolution of travel ban’s legality”: Brent Kendall of The Wall Street Journal has this report.

The Associated Press reports that “Full 4th Circuit to hear Trump’s revised travel ban appeal.”

Josh Gerstein of Politico.com reports that “Full bench of 4th Circuit to hear Trump travel ban case in May; Richmond-based court will take up feds’ appeal as court in West prepares to hear another.”

Chris Geidner of BuzzFeed News reports that “Full Federal Appeals Court Will Hear Travel Ban Arguments In May; On May 8, the US Court of Appeals for the Fourth Circuit will hear the Trump administration’s appeal of a district court judge’s order halting enforcement of the travel ban.”

Lyle Denniston has a blog post titled “Full 4th Circuit to rule on Trump immigration order.”

And Emily L. Mahoney of Cronkite News reports that “Arizona history serves as key legal argument in states’ court brief supporting Trump travel ban.”

Posted at 9:53 AM by Howard Bashman



Monday, April 10, 2017

“Reflecting on 15 Years of Covering Appellate Developments”: On May 6, 2017, this blog will celebrate its 15th birthday. I offer some reflections on the past and future of covering appellate developments in the new installment of my “Upon Further Review” column, which will appear in tomorrow’s issue of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Posted at 5:18 PM by Howard Bashman



“For online publishers, editing can lead to copyright liability: 9th Circuit.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 3:58 PM by Howard Bashman



“Why Democrats have no regrets after McConnell’s ‘nuclear’ blast: They were convinced the GOP would kill the filibuster for Supreme Court nominees, if not now, then in the future.” Elana Schor of Politico.com has this report.

Posted at 1:25 PM by Howard Bashman



“Scotus: A Gloriously Predictable Beat . . . Until It Wasn’t.” Adam Liptak had this article in Saturday’s edition of The New York Times.

Posted at 12:15 PM by Howard Bashman



“Neil Gorsuch being sworn in as 113th Supreme Court justice”: Richard Wolf of USA Today has this report.

C-SPAN will broadcast online the public swearing-in ceremony live from the White House at 11 a.m. eastern time today. You can access the video via this link at that time.

Posted at 9:48 AM by Howard Bashman



“How Merrick Garland could torment Trump: The spurned Supreme Court nominee has had a lot to say about deregulatory initiatives like the one the president’s pushing.” Josh Gerstein of Politico.com has this report.

Posted at 8:23 AM by Howard Bashman



“How Will Gorsuch Decide on Cases from the Supreme Court’s April Calendar?” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 8:17 AM by Howard Bashman



“The Conservative Pipeline to the Supreme Court: With the Federalist Society, Leonard Leo has reared a generation of originalist elites; The selection of Neil Gorsuch is just his latest achievement.” Jeffrey Toobin has this Annals of Law article in the April 17, 2017 issue of The New Yorker.

Posted at 8:15 AM by Howard Bashman



Sunday, April 9, 2017

“What does the junior Supreme Court justice do? Kagan tells Gorsuch it starts in the kitchen.” Robert Barnes of The Washington Post has this report.

Posted at 11:10 PM by Howard Bashman



“Appeals Court Rules Website Moderators Can Potentially Undercut Copyright Defense; In its latest big decision on the copyright front, the 9th Circuit revives a paparazzi agency’s lawsuit over a photo of Beyonce Knowles”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.

Posted at 11:02 PM by Howard Bashman



“Neil Gorsuch’s Ascent Highlights Washington’s Close-Knit Legal World; New justice is set to take the bench on April 17, when he will see a familiar face: Neal Katyal, the ex-Obama administration lawyer who endorsed him.” Brent Kendall of The Wall Street Journal has this report.

Posted at 8:53 PM by Howard Bashman



“Supreme Court Regains Conservative Tilt With Neil Gorsuch’s Senate Confirmation; High court enters busy final stretch, while possible cases on immigration, guns and voting rights loom”: Brent Kendall and Byron Tau had this article in Saturday’s edition of The Wall Street Journal.

Robert Barnes and Ed O’Keefe of The Washington Post have an article headlined “Immediate impact: Gorsuch could begin playing pivotal role on Supreme Court starting next week.”

And at the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “What will Gorsuch face as a new Justice?

Posted at 8:30 PM by Howard Bashman



“Republicans Made High Court a Partisan Battleground”: Kenneth Jost has this post today at his blog, “Jost on Justice.”

Posted at 8:57 AM by Howard Bashman



Saturday, April 8, 2017