How Appealing



Wednesday, May 10, 2017

“In Wisconsin, ID law proved insurmountable for many voters”: Christina A. Cassidy and Ivan Moreno of The Associated Press have this report.

Posted at 1:42 PM by Howard Bashman



“Another Addition to the Chevron Anticanon: Judge Kavanaugh on the ‘Major Rules’ Doctrine.” Asher Steinberg has this post at his blog, “The Narrowest Grounds.”

Posted at 12:58 PM by Howard Bashman



“OT2016 #21: ‘Good Snake.'” You can access this week’s new episode of the “First Mondays” podcast, featuring Ian Samuel and Dan Epps, via this link.

In addition, Samuel and Epps appeared on this past Saturday’s episode of the “Oral Argument” podcast, titled “Crossover.”

Posted at 11:17 AM by Howard Bashman



“Taking Down Terrorists in Court: Zainab Ahmad has prosecuted thirteen international terrorist suspects for the American government; She hasn’t lost yet.” William Finnegan has this Annals of Law article in the May 15, 2017 issue of The New Yorker.

Posted at 11:00 AM by Howard Bashman



Monday, May 8, 2017

Programming note: On Tuesday, I will be returning home from Atlanta. But first, much remains to be done in Atlanta. As a result, new posts are unlikely to appear here until Wednesday morning.

In the interim, as always when I am away from the computer, more frequent appellate-related retweets likely will appear at this blog’s Twitter feed.

Posted at 10:44 PM by Howard Bashman



“Judges Weigh Trump’s ‘Muslim Ban’ Remarks at Appeals Court Hearing”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Ann E. Marimow and Robert Barnes of The Washington Post report that “President Trump’s lawyers on revised travel ban repeatedly asked about campaign promises.”

In Tuesday’s edition of The Wall Street Journal, Brent Kendall will have an article headlined “Appellate Judges Review Travel Ban; Court considers whether Trump’s prior statements should be considered when deciding the case.”

Alan Gomez of USA Today reports that “Federal appeals court grills Trump team over travel ban.”

Andrea Noble and Stephen Dinan of The Washington Times report that “Trump attorneys ask skeptical court to look beyond ‘Muslim ban’ campaign rhetoric.”

Frank Green of The Richmond Times-Dispatch reports that “Richmond-based appeals court grills lawyers on Trump’s travel ban.”

Lawrence Hurley of Reuters reports that “Judges hit Trump lawyer with tough questions over revised travel ban.”

Alanna Durkin Richer of The Associated Press reports that “Travel ban arguments focus on Trump’s comments about Muslims.”

Josh Gerstein and Nolan D. McCaskill of Politico.com report that “Judges press Trump’s lawyer on intent of travel ban reboot; Worst-case scenarios were the order of the day.”

And Zoe Tillman of BuzzFeed News reports that “Trump’s Muslim Ban Comments Continue To Make Defending His Executive Order In Court Difficult.”

C-SPAN has posted the audio of today’s en banc Fourth Circuit oral argument at this link.

Posted at 10:42 PM by Howard Bashman



“SCOTUS case will test Justice Gorsuch’s appetite for class action limits”:
Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 10:28 PM by Howard Bashman



“10 conservatives selected for federal courts as part of Trump’s move to reshape judiciary”: Dave Boyer of The Washington Times has this report.

Vivian Salama of The Associated Press reports that “Trump moves to get more conservatives on federal bench.”

And Seung Min Kim of Politico.com reports that “Democrats take on Trump over court vacancies; Republican senators aren’t willing to give the president more power to get his nominees installed.”

Today, the White House issued a news release titled “President Donald J. Trump Announces Judicial Candidate Nominations.”

Posted at 10:24 PM by Howard Bashman



Sunday, May 7, 2017

Programming note: On Monday, I will be attending my son’s college graduation ceremony. As a result, new posts are unlikely to appear here until Monday night.

In the interim, as always while I am away from the computer, more frequent appellate-related retweets likely will appear at this blog’s Twitter feed.

Posted at 9:26 PM by Howard Bashman



“Trump to Announce Slate of Conservative Federal Court Nominees”: Adam Liptak will have this article in Monday’s edition of The New York Times.

Posted at 9:24 PM by Howard Bashman



“Abortion Foes See Ally in Trump, but Wonder: Will He Go Far Enough?” Jeremy W. Peters had this article in Saturday’s edition of The New York Times.

Posted at 9:03 PM by Howard Bashman



“The Trump Admin’s Advice to Supreme Court in Copyright Case Is a True Mind-Bender; Although a ‘significant legal error’ has supposedly been made — copyright holders must consider fair use before sending takedown notices — the Acting Solicitor General tells the high court to reject a review of baby-dancing-to-Prince”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 8:56 PM by Howard Bashman



“Fight Brews Over Push to Shield Americans in Warrantless Surveillance”: Charlie Savage has this article in today’s edition of The New York Times.

Posted at 8:37 PM by Howard Bashman



Saturday, May 6, 2017

“Front-runner to lead Justice Department civil rights defended Abercrombie in Supreme Court discrimination case”: Sari Horwitz of The Washington Post has this report.

Posted at 11:11 AM by Howard Bashman



Friday, May 5, 2017

“License to Speak: The state of Oregon is abusing its authority to regulate professional services to silence its critics.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 9:25 PM by Howard Bashman



“Clarence Thomas: Sen. Danforth is ‘the reason why I’m here.'” Jim Salter of The Associated Press has a report that begins, “Supreme Court Justice Clarence Thomas reunited Friday with his mentor and the man who stood beside him through a difficult confirmation hearing, telling former Missouri Sen. John Danforth he owes him his career.”

Posted at 9:20 PM by Howard Bashman



“A Trump Executive Order to Shrug At: The statement on religious liberty is so watered down, it’s almost meaningless.” Law professor Noah Feldman has this essay online today at Bloomberg View.

Posted at 9:10 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Postscript.” Aaron Nielson has this post –which includes a shout-out to “How Appealing” — today at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:06 PM by Howard Bashman