“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|
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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 BashmanThe 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:
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 BashmanThursday, 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“Merrick Garland for FBI Director? Welcome to the most amazing Republican troll job yet.” Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 2:44 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“Third judge could block revised Trump travel ban”: Josh Gerstein of Politico.com has this blog post. Posted at 1:48 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“A (very reluctant) defense of Trump’s firing of Comey”: Eric Posner has this blog post. Posted at 12:22 PM by Howard Bashman15 years of “How Appealing” — reader mail: Today’s email is from reader Paul Vinegrad:
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“President Trump Nominates Judges Even He Could Love”: Jeffrey Toobin has this post online today at The New Yorker. Posted at 12:09 PM by Howard Bashman“Translating Trump’s Religious Liberty Order”: Linda Greenhouse has this essay online at The New York Times. Posted at 12:03 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“Laura Kalman, ‘LBJ, Nixon, and the Making of the Contemporary Supreme Court.'” The University of Chicago Law School has posted on YouTube the video of this recent lecture. Posted at 10:42 AM by Howard BashmanThanks 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“Justice Kennedy, don’t abandon your legacy”: Elizabeth Wydra has this essay at CNN.com. Posted at 8:12 AM by Howard BashmanWednesday, May 10, 2017
“West Virginia Supreme Court Rules Anti-Gay Assaults Are Not Hate Crimes”: Mark Joseph Stern has this essay online at Slate about a 3-to-2 ruling (the dissenting opinion can be accessed here) that the Supreme Court of Appeals of West Virginia issued yesterday. And in local coverage, Courtney Hessler of The Herald-Dispatch of Huntington, West Virginia reports that “WV Supreme Court upholds ruling in Butler case.” Posted at 11:00 PM by Howard Bashman“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 BashmanIn 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: 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“Aaron Nielson, ‘The Past and Future of Deference: From Justice Scalia to Justice Gorsuch.'” The University of Chicago Law School has posted the audio of this recent presentation on SoundCloud. Posted at 3:44 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 BashmanAccess the contents of the May 2017 issue of the Harvard Law Review: Via this link. Posted at 3:22 PM by Howard Bashman“Death row inmate asks for hanging or firing squad; court says no”: Bill Rankin of The Atlanta Journal-Constitution has this blog post. And The Associated Press reports that “Court rejects inmate’s claims for firing squad or hanging.” You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link. Posted at 3:14 PM by Howard Bashman“Decisionmaking on Multimember Courts: The Assignment Power in the Circuits.” Law professor Daniel J. Hemel (whose work I have been linking to since he was in college) and Kyle Rozema have posted this article on SSRN. Posted at 3:07 PM by Howard Bashman“Cotton prepared to toss Senate’s ‘blue slip’ rule on judicial nominees”: Seung Min Kim of Politico.com has this report. In today’s edition of The New York Times, Carl Hulse has a new installment of his “On Washington” column headlined “Senate Custom Could Trip Up G.O.P.’s March to Reshape Courts.” And online at The Los Angeles Times, columnist Michael McGough has an essay titled “Trump’s judges: conservative but qualified.” Posted at 2:54 PM by Howard Bashman15 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:
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“Attorneys and Firms in the Supreme Court 2016”: Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 2:04 PM by Howard Bashman“Ex-AIG CEO Greenberg loses appeal over 2008 bailout”: Jonathan Stempel of Reuters has this report. And Marcy Gordon of The Associated Press has a report headlined “US court: ex-AIG CEO hasn’t right to challenge bailout.” You can access yesterday’s ruling of the U.S. Court of Appeals for the Federal Circuit at this link. Posted at 1:58 PM by Howard Bashman |
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