“Easy Reading (By Supreme Court Standards)”: Adam Feldman has this interesting post today at his “Empirical SCOTUS” blog.
Posted at 4:23 PM by Howard Bashman
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![]() Monday, May 15, 2017
“Easy Reading (By Supreme Court Standards)”: Adam Feldman has this interesting post today at his “Empirical SCOTUS” blog. Posted at 4:23 PM by Howard Bashman“Scotus review of Third Circuit case sought to resolve circuit split over who can challenge rental-car searches”: Matthew Stiegler has this post today at his “CA3blog.” Posted at 4:15 PM by Howard Bashman15 years of “How Appealing” — reader mail: Today’s email is from attorney and longtime reader Elias Batchelder:
Elias, thanks so very much for that wonderful email! The possibility that “How Appealing” has helped to save someone’s life is not something that had occurred to me previously. I will post another reader email tomorrow. Posted at 2:05 PM by Howard Bashman“Appeals court wrestles with Trump’s revised travel ban order; Judges mull administration’s request to revise directive blasted as ‘Muslim ban'”: Josh Gerstein of Politico.com has this report. Posted at 1:56 PM by Howard BashmanOn rare occasion, the criminal defendant-appellant will supply his own humorous movie reference: In 2016, Stacey Barchenger of The Tennessean had articles headlined “Franklin man guilty in Mitt Romney tax fraud scheme” and “Mitt Romney tax hoax lands Franklin man 4-year prison term.” Today, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, Judge Jeffrey S. Sutton issued this opinion affirming the defendant’s conviction and vacating the defendant’s sentence. Posted at 1:44 PM by Howard Bashman“Unity Was Emerging on Sentencing. Then Came Jeff Sessions.” Carl Hulse has this new installment of his “On Washington” column in today’s edition of The New York Times. Posted at 1:28 PM by Howard Bashman“When Does Political Gerrymandering Cross a Constitutional Line?” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times. Posted at 1:22 PM by Howard Bashman“State of Hawaii, et al. v. Trump: The Ninth Circuit Court of Appeals reviews the decision of Hawaii U.S. District Court Judge Derrick Watson regarding the enforcement of President Trump’s travel ban.” C-SPAN provides live coverage starting now via this link. Or view live online via the Ninth Circuit’s own YouTube feed. Posted at 12:32 PM by Howard BashmanAccess today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases. 1. Justice Elena Kagan delivered the opinion of the Court in Kindred Nursing Centers Ltd. v. Clark, No. 16-32. Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link. 2. Justice Stephen G. Breyer delivered the opinion of the Court in Howell v. Howell, No. 15-1031. Justice Thomas issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link. 3. And Justice Breyer also delivered the opinion of the Court in Midland Funding, LLC v. Johnson, No. 16-348. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Kagan joined. You can access the oral argument via this link. Posted at 10:03 AM by Howard Bashman“What Makes a Parent? A brutal custody battle between two women raises questions about who has a right to rear a child — and could redefine the legal meaning of family.” Ian Parker has this article in the May 22, 2017 issue of The New Yorker. Posted at 10:00 AM by Howard Bashman“The federal appeals court that Trump hates the most will now hear arguments on his travel ban”: Matt Zapotosky has this article in today’s edition of The Washington Post. Josh Gerstein of Politico.com reports that “Mosque snooping suit could impact Trump travel ban case.” And on Twitter, Neal Katyal — who will argue today’s appeal in the Ninth Circuit on behalf of Hawaii — offers these thoughts. Posted at 9:44 AM by Howard BashmanAccess today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Acting Solicitor General in two cases. And in North Carolina v. North Carolina State Conf. of the NAACP, No. 16-833, Chief Justice John G. Roberts, Jr. issued a statement respecting the denial of certiorari. Posted at 9:32 AM by Howard BashmanSunday, May 14, 2017
“Firing Comey Was a Grave Abuse of Power: In 1974, Republicans put country before Party and told Nixon it was time to go; Today’s G.O.P. seems unlikely to live up to its predecessor’s example.” Jeffrey Toobin has this Comment in the Talk of the Town section of the May 22, 2017 issue of The New Yorker. Posted at 8:12 PM by Howard Bashman“Lawyerly Integrity in the Trump Administration”: Jack Goldsmith has this post at the “Lawfare” blog. Posted at 8:00 PM by Howard BashmanOne week from today — “Twin Peaks” returns: From time to time (see here and here, both focusing on this snippet of dialogue, for example) this blog has alluded to “Twin Peaks,” so I thought I’d note that the show returns to television with new episodes beginning next Sunday. Recently, in a happy coincidence, Harry Goaz — the actor who plays sheriff’s deputy Andy Brennan on the show — began following “How Appealing” on Twitter. Posted at 1:32 PM by Howard Bashman“What’s Next for Comey? Probably Not ‘a Normal Job.'” Matthew Goldstein and Alexandra Stevenson have this article in today’s edition of The New York Times. In addition, in the Sunday Review section of that newspaper, Benjamin Wittes today has an essay titled “What We’re Losing in James Comey.” Posted at 1:10 PM by Howard Bashman15 years of “How Appealing” — reader mail: Today’s email (with hyperlinks, no less) is from law professor Rick Hasen — author of the “Election Law Blog“:
Thanks so very much for your kind words, Rick! Helping to inspire the creation of your blog and also “SCOTUSblog” are two of the most wonderful things that have resulted from operating this blog. It has also been a pleasure getting to know you and linking to your writings and blog posts over the years. I will post another reader email tomorrow. Posted at 12:55 PM by Howard Bashman“Greg Abbott plays an outsized role in filling U.S. judicial vacancies”: Maria Recio of The Austin American-Statesman has this report. Posted at 12:40 PM by Howard Bashman“Animus Amicus: A group of law professors tells a federal court that religious bias lies at the heart of Trump’s travel ban.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick. Posted at 11:14 AM by Howard Bashman“D.C. Circuit Review — Reviewed: A Small Thought About the Chief Judge of the D.C. Circuit.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation. Posted at 11:11 AM by Howard BashmanSaturday, May 13, 2017
“15 Idaho Attorneys And Judges Vying For Seat On State Supreme Court”: The Associated Press has this report. Posted at 11:13 PM by Howard Bashman“Gamecock Club gets final victory in lawsuit over football fans’ prized parking spaces”: John Monk of The State of Columbia, South Carolina has this article reporting on a ruling that the Supreme Court of South Carolina issued on Thursday. Posted at 11:11 PM by Howard Bashman“Indiana Supreme Court to be all white for first time since 1999”: Madeline Buckley of The Indianapolis Star has an article that begins, “The Indiana Supreme Court is poised to have an all-white court for the first time since 1999, raising concern in Indiana’s minority community and questions about whether the state’s legal system does enough to foster a pipeline of diverse lawyers and judges.” Posted at 11:05 PM by Howard Bashman“Blankenship plans US Supreme Court appeal”: Ken Ward Jr. of The Charleston (W. Va.) Gazette-Mail has this report. Posted at 11:00 PM by Howard Bashman“Do evangelicals lack ‘intellectual heft’ for the Supreme Court?” Richard Mouw has this essay online at Religion News Service. Posted at 10:55 PM by Howard Bashman15 years of “How Appealing” — reader mail: Today’s email is from attorney and longtime reader Alan R. Kabat:
Thanks, Alan, for that kind email and for bringing various items to my attention over the years for possible mention on the blog. Also, thanks for remembering the Higazy matter (see here and here for the details), which certainly did garner some attention at the time. I will post another reader email tomorrow. Posted at 2:03 PM by Howard Bashman“Why it would be bad for Trump to break up the 9th Circuit Court”: Ian Samuel and Brian Goldman have this essay online at The San Jose Mercury News. Posted at 1:49 PM by Howard Bashman“Appeal in boy’s burp arrest case relies on Gorsuch dissent”: Sam Hananel of The Associated Press has this report. Posted at 1:32 PM by Howard BashmanFriday, May 12, 2017
“Colorado Supreme Court Justice Allison Eid in line for Neil Gorsuch’s seat on 10th Circuit; Move would fit Trump’s early pattern of judicial appointments”: Mark K. Matthews has this front page article in today’s edition of The Denver Post. Posted at 1:34 PM by Howard Bashman“Will Supreme Court rescue Trump’s immigration travel ban?” Richard Wolf of USA Today has this report. Posted at 1:30 PM by Howard Bashman“Extra Scrutiny: The ‘Breyer Pages.'” Joe Dunman recently launched a U.S. Supreme Court-related podcast titled “Heightened Scrutiny.” Today’s episode contains nearly 10 minutes of really long questions from Justice Stephen G. Breyer. How many of Justice Breyer’s never-ending questions can fit into 10 minutes? Listen to find out. Posted at 12:04 PM by Howard Bashman15 years of “How Appealing” — reader mail: Today’s email is from Lawrence Hurley, who covers the U.S. Supreme Court (and sometimes also the U.S. Courts of Appeals) for Reuters:
Lawrence, thanks so very much for those kind words! I can’t believe we have yet to meet in person, but hopefully before too much longer. It was my pleasure to be able to provide access to your work and the work of Brent Kendall during your tenures at The Daily Journal. I have no doubt that you and Brent would have achieved all of your successes even without me, but I’m glad to have been of help. I will post another reader email tomorrow. Posted at 11:40 AM by Howard Bashman“Supreme Court Standing Law Continues to Befuddle Courts”: Perry Cooper of Bloomberg BNA has this report. Posted at 11:28 AM by Howard Bashman“Grassley Signals Deference to White House on Circuit Judges; Blue slips on district judges might carry more weight than appellate picks”: Niels Lesniewski of Roll Call has this report. Posted at 11:26 AM by Howard Bashman“Anti-Gay Attacks Not Covered by West Virginia Hate Crime Law, Court Rules”: Liam Stack of The New York Times has this report. My earlier coverage of Tuesday’s ruling (plus access the dissenting opinion here) can be accessed at this link. Posted at 9:54 AM by Howard Bashman |
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