How Appealing



Sunday, May 28, 2017

“Clarence Thomas Is Colorblind: The most conservative justice casts a decisive vote to strike down race-based voting lines.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 10:18 PM by Howard Bashman



“Watchdog’s Future Is More Fraught Under Trump: Courts will be unable to avoid today’s politics in deciding whether the president can fire the head of an independent agency.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 10:16 PM by Howard Bashman



15 years of “How Appealing” — reader mail: Today’s email is from a reader who asked to be identified as Prasad D.:

Congrats on the completion of 15 years of your blog!

I got hooked on to your blog (along with SCOTUSBlog) sometime in March 2012 just when the Supreme Court was hearing challenges to the ACA.

I am from India and moved to the United States in the fall of 2010 to pursue my graduate education. I was attending graduate school at the University of Cincinnati back in 2012. My major is Electrical and Computer Engineering with absolutely zero relation to the legal profession.

On a cold spring morning in 2012, I glanced across a news article that stated President Obama’s signature legislative achievement is in jeopardy, with its fate resting in the hands of nine people in black robes. I was quite shocked by the media spotlight on the case and this led me to explore and read about U.S. Constitution and history.

Thanks to all blogs, including yours, for sparking my interest in exploring the “arcane and byzantine hallways of the American judicial branch.” I am now comfortable navigating legal jargon and regularly listen to argument audio and read judgments/opinions of SCOTUS and the U.S. Circuit Courts of Appeals. I have also given a speech on the U.S. Supreme Court in the local toastmasters club at my workplace.

I actively followed the same-sex marriage battle that started in June 2013 with the Justice Kennedy’s opinion in U.S. vs. Windsor and finally culminating in Obergefell vs. Hodges in June 2015. It was exciting and thrilling when cases on the the same subject matter where heard in the 4th, 10th, 7th, 9th and 6th Circuits. I was disappointed when Judge Jeff Sutton, perceived as a swing vote, ruled against the plaintiffs. However, that circuit-split eventually paved the way for the Supreme Court to step in and settle the issue once and for all.

I would also commend you specifically for bringing the spotlight on the U.S. Circuit Courts of Appeals, as they tend to get overshadowed by SCOTUS. This reminds me of an alleged (but noteworthy) quote by Judge Stephen Reinhardt from the (much maligned these days) 9th Circuit, that demonstrates the importance of the appeals courts — “They (SCOTUS) can reverse some of our decisions, they can’t reverse all of them.”

Your blog has been pivotal in introducing readers to excellent judges on the federal appellate courts. To name a few of my favorites, I would specifically call out Judge Alex Kozinski, Judge Marsha Berzon, Judge Stephen Reinhardt (9th Circuit), Judge Sri Srinivasan (D.C .Circuit), Judge Richard Posner and Judge Frank Easterbrook (7th Circuit).

Thanks again for your contributions. I wish you many more years of growth and success running this blog. I wish good luck to you and your blog readers for years to come.

Prasad, thanks so much for taking the time to write this detailed, thoughtful, and very kind email. I will post another reader email tomorrow.

Posted at 10:06 PM by Howard Bashman



“Bangladesh Orders Statue of Woman at Supreme Court Put Back Up”: Julfikar Ali Manik of The New York Times has this report.

Posted at 9:40 PM by Howard Bashman



“The Town That Trolls Built: The Supreme Court ruled that patent holders can no longer choose where to file infringement suits; That’s bad news for Marshall, Texas.” Joe Nocera has this essay online at Bloomberg View.

Posted at 9:32 PM by Howard Bashman



“Court says essentially that Trump is not to be believed. Will Supreme Court conclude the same?” Robert Barnes of The Washington Post has this report.

Posted at 9:02 PM by Howard Bashman



“Russia scandal ices government lawyer hiring; Trump has top DOJ positions as well as U.S. attorney posts and judicial vacancies to fill, but as scandals have spread, the candidate pool has shrunk”: Josh Gerstein of Politico.com has this report.

Posted at 8:20 PM by Howard Bashman