How Appealing



Thursday, May 25, 2017

“Senate Republicans likely to change custom that allows Democrats to block judicial choices”: Robert Barnes and Ed O’Keefe of The Washington Post have an article that begins, “Senate Republicans are threatening to change a custom that allows Democratic senators to block some judicial choices from their states, in an effort to speed along a conservative transformation of the federal judiciary.”

Posted at 7:34 PM by Howard Bashman



“U.S. District Judge Amul Thapar confirmed to federal appeals court seat”: Bill Estep of The Lexington (Ky.) Herald-Leader has this report.

Alex Swoyer of The Washington Times reports that “Senate confirms Judge Thapar to 6th U.S. Circuit Court of Appeals.”

Seung Min Kim of Politico.com reports that “Senate confirms Trump’s conservative pick for 6th Circuit Appeals court.”

And Zoe Tillman of BuzzFeed News reports that “The Senate Confirmed Trump’s First Lower Court Nominee.”

Posted at 7:28 PM by Howard Bashman



Programming note: This morning, I will be attending a meeting out-of-the-office concerning one of the appeals on which I am working. Additional posts will appear here this afternoon. As always while I am traveling, additional appellate-related retweets are likely to appear on this blog’s Twitter feed.

Posted at 7:28 AM by Howard Bashman



Wednesday, May 24, 2017

“Prosecutor not ruling out charges for ex-in-laws in Markel case”: Karl Etters of The Tallahassee Democrat has an article that begins, “A year ago today, one of Tallahassee’s most enthralling whodunits took an explosive turn when Sigfredo Garcia was arrested at a Miami-area gas station.”

Posted at 10:00 PM by Howard Bashman



“Court Considers Whether Trump Can Fire Consumer Regulator; Federal appeals court appears hesitant to rule CFPB’s structure is unconstitutional”: Yuka Hayashi and Brent Kendall of The Wall Street Journal have this report.

Sarah N. Lynch of Reuters reports that “U.S. regulator may have edge in court arguments on its structure.”

And Zoe Tillman of BuzzFeed News reports that “A Fight Over Presidential Power Is Working Its Way Towards The US Supreme Court.”

Posted at 9:42 PM by Howard Bashman



15 years of “How Appealing” — reader mail: Today’s email is from Mark Kernes, senior editor for Adult Video News:

How Appealing is one of my daily must-reads. It’s informative on a wide variety of subjects, and as a legal journalist, often alerts me to court decisions, lawsuits and other political/legal goings-on that I can further research and write about. Thank you SO MUCH for your blog

Mark, thank you for your kind email. It has been a pleasure to link to your work from time to time over the years, especially when I have found it online in a form that is safe-for-work for this blog’s readers. I will post another reader email tomorrow.

Posted at 9:23 PM by Howard Bashman



“Solicitor General to Supreme Court: New Jersey sports betting case not worth your while.” John Brennan of The Record of Hackensack, New Jersey has this report.

Posted at 9:05 PM by Howard Bashman



“The Supreme Court’s Immigration Law Showdown: The justices will face a number of challenges that have tremendous implications for life in the Trump era.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 8:52 PM by Howard Bashman



“This court case could have a huge impact on the future of a key consumer watchdog”: Jonnelle Marte of The Washington Post has this report.

Yuka Hayashi of The Wall Street Journal has an article headlined “Can Trump Fire Consumer Regulator? Federal appeals court to weigh whether president has authority to oust CFPB director.”

Dave Michaels of The Wall Street Journal reports that “Case to Examine Legitimacy of SEC’s In-House Courts; Wall Street’s top cop set up the tribunals years ago to speed up enforcement actions against firms.”

And Sarah N. Lynch of Reuters reports that “U.S. appeals court to hear cases that could weigh on Wall Street policing.”

Once the audio of today’s two en banc oral arguments of the U.S. Court of Appeals for the D.C. Circuit becomes available online, I will link to it.

Update: You can access the audio of today’s en banc D.C. Circuit oral argument in PHH Corp. v. CFPB via this link (44.0 MB mp3 audio file).

And you can access the audio of today’s en banc D.C. Circuit oral argument in Raymond J. Lucia Cos. v. SEC via this link (36.5 MB mp3 audio file).

Posted at 9:57 AM by Howard Bashman



Tuesday, May 23, 2017

“Federal Court Revives Wikimedia’s Challenge to N.S.A. Surveillance”: Charlie Savage of The New York Times has this report.

Posted at 8:54 PM by Howard Bashman



“Is Anthony Kennedy Ready to Put an End to Partisan Gerrymandering? The Supreme Court’s swing voter will decide the future of American elections.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 7:28 PM by Howard Bashman



“Court revives Wikimedia lawsuit against NSA”: Rachel Weiner of The Washington Post has this report.

Jonathan Stempel of Reuters has a report headlined “Wikipedia can pursue NSA surveillance lawsuit: U.S. appeals court.”

And The Associated Press has a report headlined “Appeals court: NSA surveillance challenge can move forward.”

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

Posted at 3:08 PM by Howard Bashman



“Kevin C. Newsom — Nominee to the U.S. Court of Appeals for the Eleventh Circuit”: Daniel B. Tilley has this post at “The Vetting Room” blog.

Posted at 2:40 PM by Howard Bashman



15 years of “How Appealing” — reader mail: Today’s email is from Dale Schowengerdt, Solicitor General of Montana:

Congratulations on How Appealing’s 15th year! I give your blog more traffic than I do any other site, and have come to trust it as the go-to place for appellate news and insight. Thanks for all your hard work. You’ve done us all a great service.

Dale, thanks so very much for your kind email! Montana is still on my list of places to visit, so I am glad to learn that my blog is enjoyed there. I will post another reader email tomorrow.

Posted at 2:08 PM by Howard Bashman



“Two remarkable starts to oral argument”: Matthew Stiegler — who I had the pleasure of having lunch with today — recently had this post at his “CA3blog.”

Posted at 1:57 PM by Howard Bashman



“Justice Abella uses U.S. speech to take aim at ‘narcissistic populism'”: Colin Freeze of The Toronto Globe and Mail has this report.

Tonda MacCharles of The Toronto Star reports that “Supreme Court judge Abella worries about state of justice in world; Justice Rosalie Abella delivered a commencement speech after accepting an honorary degree from Brandeis University in Massachusetts that was part-biography, part call to action.”

And Abby Patkin of The Justice, the student newspaper of Brandeis University, reports that “Abella tells grads to be attuned to injustices.”

Posted at 12:04 PM by Howard Bashman



“The Grove Park Inn: The U.S. Supreme Court’s secret Cold War relocation facility in the mountains of North Carolina.” Atlas Obscura has this report.

Posted at 12:00 PM by Howard Bashman



“The deepening appellate divide over when copyright owners can sue”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:44 AM by Howard Bashman



Monday, May 22, 2017

“Clarence Thomas Joins Liberals, Shocks World: A strange Supreme Court alliance just struck a blow against racial gerrymandering in the United States.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 11:30 PM by Howard Bashman