How Appealing



Friday, May 12, 2017

“Et Tu Rod? Why The Deputy Attorney General Must Resign.” Benjamin Wittes has this post today at the “Lawfare” blog.

Posted at 9:50 AM by Howard Bashman



The University of Georgia School of Law is seeking to hire an Appellate Clinic Fellow: Thomas V. Burch, director of that law school’s appellate clinic, has emailed asking me to post the following job announcement:

Appellate Clinic Fellow

The University of Georgia’s Appellate Litigation Clinic is a two-semester, third-year clinic that represents indigent clients before the federal circuit courts of appeals, the Board of Immigration Appeals, and the U.S. Supreme Court. We are looking to hire a clinic fellow for academic year 2017-18 who, under supervision of the clinic director, will help students write briefs and prepare for oral argument before these courts. Applicants should have excellent writing and communication skills and a demonstrated interest in appellate litigation. If interested in the position, please send your resume, your law school transcript, a writing sample that has not been significantly edited by anyone else, and a short statement explaining your interest in the position to Thomas Burch at [email protected]. The stipend for the position is $34,988, and the application deadline is June 1, 2017. The University of Georgia is an Equal Opportunity/Affirmative Action employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, sexual orientation, gender identity or protected veteran status.

More information about the University of Georgia School of Law’s appellate clinic can be accessed here and here.

Posted at 9:44 AM by Howard Bashman



Thursday, May 11, 2017

“President Trump Gets A Head Start On Shaping The Federal Courts”: Scott Horsley had this audio segment on Monday’s broadcast of NPR’s “All Things Considered.”

Stephen Montemayor of The Minneapolis Star Tribune reports that “Minnesota Justice David Stras, Trump’s pick for Eighth Circuit, enjoys broad swath of support; Minnesota Supreme Court Justice David Stras is ‘not beholden to anyone.’” The newspaper also published an editorial titled “The diversity problem on the Eighth Circuit Court of Appeals: Justice Stras has earned nomination, but court is too male, white.”

Don David of The Forum of Fargo, North Dakota reports that “Donald Trump picks Minnesota Supreme Court justice for federal court.”

Bob Collins of Minnesota Public Radio reports that “On MN Supreme Court, David Stras found unlikely allies.”

Paul Egan of The Detroit Free Press reports that “President Trump names Justice Joan Larsen to U.S. 6th Circuit.”

Jonathan Oosting and Melissa Nann Burke of The Detroit News have an article headlined “Trump’s fed court nominee Larsen ‘on fast track.’” The newspaper also published an editorial titled “Smooth Joan Larsen’s rise to appeals court.”

Fatima Hussein of The Indianapolis Star reports that “Trump nominates Notre Dame professor for federal judgeship.”

Notre Dame Law School issued a news release titled “Professor Amy Barrett Nominated to Court of Appeals for the 7th Circuit.”

And Andrew Wolfson of The Louisville Courier-Journal reports that “President Trump taps Louisville conservative John K. Bush for court.”

Posted at 9:05 PM by Howard Bashman



“Trump reportedly close to nominating David Porter to Third Circuit”: Matthew Stiegler has this post today at his “CA3blog.”

Posted at 5:44 PM by Howard Bashman



“Trump Wanted a Public Execution: The president fired James Comey via letter, while the FBI director was giving a speech.” Phillip Carter has this essay online at Slate.

Posted at 2:41 PM by Howard Bashman



“Federal Circuit Refuses to Hear Private Right Issue”: Dennis Crouch has this post at his “Patently-O” blog about an order that the U.S. Court of Appeals for the Federal Circuit issued today denying an initial en banc hearing. The order was accompanied by two concurring and two dissenting opinions.

In earlier coverage, Crouch previously had a post titled “Whether a Patent Right is a Public Right.” And Kelly Knaub of Law360.com reported that “Full Fed. Circ. Urged To Look At AIA Review Constitutionality” (subscription required for full access).

Posted at 1:45 PM by Howard Bashman



15 years of “How Appealing” — reader mail: Today’s email is from reader Paul Vinegrad:

I love everything about your blog. Convenient daily access to quality legal news is invaluable. Your blog consistently links to articles, cases and commentary that open my mind to a wide variety of important and timely legal issues.

I dislike when you go on a (well-earned) hiatus to work on appellate cases, attend a conference, or go to a Phillies game. Your Twitter feed sometimes fills the gaps. But I prefer your blog.

P.S. I am a long-time Mets fan. So, missing your blog because you are watching the Phillies (hopefully lose, at least to the Mets) is particularly frustrating.

Congratulations! Not many blogs have survived 15 years!

Thanks so very much, Paul. One of my best friends is a Mets fan, so you are in good company. I will post another reader email tomorrow.

Posted at 12:18 PM by Howard Bashman



“Judge Amul R. Thapar — Nominee to the U.S. Court of Appeals for the Sixth Circuit”: Harsh Voruganti recently had this detailed post at his blog, “The Vetting Room.”

Posted at 10:54 AM by Howard Bashman



Thanks to the podcasting duo at “First Mondays” for their kind mention of this blog’s 15th birthday on this week’s episode: Although you should listen to the entire episode, if you want to access the discussion noting this blog’s 15th birthday, you will find it begins at the 20:36 mark.

Posted at 10:28 AM by Howard Bashman



“North Carolina defends magistrates’ right to refuse performing same-sex marriages; The law allows them to turn away interracial couples, too”: Andrea Marchiano of Gay Star News has this report on a case orally argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

I will link to the audio of this oral argument once it becomes available online.

Update: You can access the audio of yesterday’s Fourth Circuit oral argument via this link (29.8 MB mp3 audio file).

Posted at 10:24 AM by Howard Bashman



“Free Speech Can Get Awkward, a Small Town Discovers; Belle Plaine, Minnesota, wanted a Christian memorial in a town park; Now it’s getting a Satanic one too”: Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 8:15 AM by Howard Bashman



Wednesday, May 10, 2017

“Oregon’s Supreme Court Will Be Majority Female For The 1st Time”: Chris Lehman of Oregon Public Broadcasting has this report.

Posted at 10:56 PM by Howard Bashman



“Trump’s Smart Outsourcing of Judicial Picks; Nominees for the appeals court bench are brilliant lawyers, who happen to be conservative”: Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 10:36 PM by Howard Bashman



“FTC lawsuit against AT&T over iPhone data speeds may be revived”: Bob Egelko of The San Francisco Chronicle has this report.

Reuters has a report headlined “U.S. regulator’s ‘throttling’ lawsuit against AT&T to be reheard: court.”

And Jon Brodkin of Ars Technica reports that “AT&T could be punished for unlimited data throttling after all; Ajit Pai cheers court decision, says case to overturn Title II is strengthened.”

You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit at this link. And my earlier coverage of the now-vacated three-judge panel ruling can be accessed here and here.

Posted at 9:44 PM by Howard Bashman



In Wendi Adelson news from Miami: Patricia Mazzei of The Miami Herald has an article headlined “Miami billionaire plans political fund to defend unauthorized immigrants.”

According to the article:

Fernandez has hired immigration attorney Wendi Adelson as the fund’s executive director. Adelson is a former Florida State University immigration law professor who also directed FSU’s Human Rights and Immigration Law Project. Her brother has been investigated, but not charged, in connection with a criminal investigation into the high-profile murder of her ex-husband, the late FSU law professor Daniel Markel. Adelson herself has not been accused of wrongdoing.

Posted at 9:18 PM by Howard Bashman



“Democrats Can’t Stop Trump’s Agenda; But They Can Block His Judicial Nominees; Get ready for a hugely consequential Senate fight over blue pieces of paper”: Jennifer Bendery of HuffPost has this report.

According to the article, “Trump is close to nominating David Porter to the Third Circuit Court of Appeals, a source familiar with the nomination process told HuffPost.” I got to know David during my time at Buchanan Ingersoll, and I most recently said hello to him last month at the Third Circuit’s Judicial Conference in Lancaster a day or two after the dinner for all attendees, during which a U.S. District Judge based in Pittsburgh told me that David likely would be the next Third Circuit nominee.

Posted at 8:47 PM by Howard Bashman



“Belated congratulations, and thanks, to Howard Bashman (How Appealing) on his blog’s 15th birthday”: Eugene Volokh has this very kind post today at “The Volokh Conspiracy.”

As Eugene knows, his blog — which similarly just celebrated its 15th birthday last month — inspired me to launch “How Appealing” and helped my blog gain a following right away by generously linking to some of my blog’s early posts.

Posted at 6:08 PM by Howard Bashman



“The Only Constitutional Right That Matters: Conservative judges want to protect domestic abusers’ right to bear arms; Why don’t they care about protecting the right to vote?” Perry Grossman and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 3:36 PM by Howard Bashman



“Tymkovich Lecture: Civil Discourse Isn’t Essential for Judicial Independence — But it Still Matters.” Alison Frost of the University of Chicago Law School has this report.

Posted at 3:33 PM by Howard Bashman



15 years of “How Appealing” — reader mail: Thanks to all of the many readers of this blog who accepted my invitation to send me an email describing what “How Appealing” means to them, why they read this blog, what they like or dislike about it, or describing a moment in the history of this blog that was memorable for them.

As promised, today I begin posting those emails, one per day, until no more remain. The email I am posting today was received from Adam Liptak, who covers the U.S. Supreme Court for The New York Times:

I joined The New York Times’s news staff in April of 2002 after 14 years of practicing law. I was now the paper’s national legal reporter, and I was lost. I had no sources, few ideas and no way to feel confident I was not missing important legal developments around the country.

A month later, like magic, How Appealing materialized. It immediately became and has remained, for me and for countless other legal reporters, an indispensable resource: comprehensive, reliable, nonpartisan, enthusiastic and good-natured.

Long may you run, Howard!

Thanks so very much, Adam, for those very kind words. I will post another reader email tomorrow.

Posted at 2:11 PM by Howard Bashman