How Appealing



Tuesday, June 27, 2017

“U.S. High Court lets stand Philly ruling on gun ownership by people convicted of minor crimes”: Joseph A. Slobodzian of The Philadelphia Inquirer has this report.

Posted at 11:20 PM by Howard Bashman



“Supreme Court Turns Down Case on Carrying Guns in Public”: Adam Liptak has this article in today’s edition of The New York Times.

Jess Bravin of The Wall Street Journal reports that “Supreme Court Refuses to Review California Concealed-Weapon Restrictions; Move frustrates gun activists who saw case as path to expand individual right to possess firearms.”

Richard Wolf of USA Today reports that “Supreme Court won’t rule on carrying guns in public.”

Andrea Noble of The Washington Times reports that “Stung by denial, gun rights advocates vow to bring other concealed carry cases before Supreme Court.”

And in today’s edition of The San Diego Union-Tribune, Dana Littlefield and Kristina Davis have a front page article headlined “Supreme Court declines review of San Diego concealed-weapons case.”

Posted at 11:15 PM by Howard Bashman



“With 3 Words, Supreme Court Opens a World of Uncertainty for Refugees”: Miriam Jordan of The New York Times has this report.

Posted at 7:42 PM by Howard Bashman



Monday, June 26, 2017

“SCOTUS Splits the Travel Ban Baby: The Supreme Court’s ruling doesn’t make much sense as a matter of law; That may be good for Donald Trump.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Be Wary of a Compromise on Trump’s Travel Ban; The Supreme Court agrees to hear the case in the fall, but looks to be wiggling its way out of a politically charged ruling.”

And online at The Atlantic, law professor Garrett Epps has an essay titled “Trump’s Limited Travel Ban Victory: The Supreme Court granted review of the president’s travel ban in October, but the Court clearly hopes — and strongly hints — that the case will be moot by then.”

Posted at 11:02 PM by Howard Bashman



“A Sixth Circuit-Themed Primer on the Marks Doctrine, and an Endorsement of a Proposal to Overhaul Marks”: Asher Steinberg has this post at his blog, “The Narrowest Grounds.”

Posted at 10:58 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: Justice Clarence Thomas delivered the opinion of the Court in Davila v. Davis, No. 16-6219. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

Justice Anthony M. Kennedy delivered the opinion of the Court in California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. You can access the oral argument via this link.

Chief Justice John G. Roberts, Jr. delivered the opinion of the Court (except as to a single footnote) in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. Justice Thomas issued an opinion concurring in part, in which Justice Neil M. Gorsuch joined. Justice Gorsuch issued an opinion concurring in part, in which Justice Thomas joined. Justice Breyer issued an opinion concurring in the judgment. And Justice Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

The Court issued a per curiam decision in Trump v. International Refugee Assistance Project, No. 16-1436. Justice Thomas dissented in part, joined by Justices Alito and Gorsuch. The case will be argued in the first oral argument session of October Term 2017.

The Court also issued a per curiam decision in Hernandez v. Mesa, No. 15-118. Justice Thomas issued a dissenting opinion. And Justice Breyer issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

Finally, the Court announced that the two remaining undecided argued cases, which were argued before Justice Gorsuch joined the Court, will be reargued next Term.

Posted at 10:04 AM by Howard Bashman



“Will Supreme Court retirement bring ‘Kennedy Court’ to an end?”
Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.

Posted at 9:58 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases. And the Court sought the views of the Acting Solicitor General in four cases.

In Pavan v. Smith, No. 16-992, the Court issued a per curiam reversal of the judgment of the Supreme Court of Arkansas. Justice Neil M. Gorsuch issued a dissent, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined.

In Hicks v. United States, No. 16-7806, Justice Gorsuch concurred in the remand for further consideration in light of the position asserted by the Acting Solicitor General. And Chief Justice John G. Roberts, Jr. issued a dissent, in which Justice Thomas joined.

In Mathis v. Shulkin, No. 16-677, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari. And Justice Gorsuch issued a dissent from the denial of certiorari.

In Peruta v. California, No. 16-894, Justice Thomas issued a dissent, in which Justice Gorsuch joined, from the denial of certiorari.

Lastly, in Bay Point Properties, Inc. v. Mississippi Transp. Comm’n, No. 16-1077, Justice Gorsuch issued a
dissent
, in which Justice Thomas joined, from the denial of certiorari.

In early news coverage, Greg Stohr of Bloomberg News reports that “Religious Objections to Gay Marriage Get U.S. Supreme Court Hearing.”

And The Associated Press reports that “Justices turn away appeal in Somali torture case.”

Posted at 9:32 AM by Howard Bashman



Sunday, June 25, 2017

“How Does the Supreme Court Feel About Feelings? The travel ban and a Mississippi gay-rights case show how the law is divided over religious rights.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 11:50 PM by Howard Bashman



“U.S. asks Supreme Court to take up Microsoft fight over email privacy”: Jackie Wattles and Jose Pagliery of CNNMoney.com have this report.

Posted at 11:48 PM by Howard Bashman



Seventh Circuit reverses entry of summary judgment against federal pretrial detainee dismissing his claim based on res ipsa loquitur against the federal government for for injuries he sustained when he fell off a stool at a federal courthouse: You can access Friday’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 11:32 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Things are Heating Up.”
Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:30 PM by Howard Bashman



“Justice Gorsuch: What We Know and What We Should Expect.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 1:48 PM by Howard Bashman



Greetings from San Francisco: Where this afternoon, I will be making my first visit to AT&T Park, to watch the San Francisco Giants host the New York Mets.

And where tomorrow at 9:15 a.m. pacific time, I will be taking a guided tour of the historic James R. Browning U.S. Courthouse — headquarters of the U.S. Court of Appeals for the Ninth Circuit.

As always while I am on the road, additional appellate related retweets are likely to appear on this blog’s Twitter feed.

Posted at 10:36 AM by Howard Bashman



Saturday, June 24, 2017

“Justices Side With Immigrant Who Got Bad Legal Advice”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court gives second chance to man facing deportation because of bad lawyering.”

Michael Collins of The Commercial Appeal of Memphis, Tennessee reports that “Supreme Court gives Memphis restaurant owner second chance in drug, deportation case.”

Lawrence Hurley of Reuters reports that “U.S. top court sides with immigrant over faulty legal advice.”

Mark Sherman of The Associated Press reports that “Supreme Court sides with immigrants over bad legal advice.”

And Chris Geidner of BuzzFeed News reports that “Supreme Court Decides Cases Affecting Immigrants And Landowners’ Rights.”

Posted at 11:28 AM by Howard Bashman



“Supreme Court Rules Against Owner in Land-Use Case; The rejection of a Wisconsin family’s argument concerning land on the St. Croix River strengthens environmental land-use rules”: Jess Bravin of The Wall Street Journal has this report.

Bruce Vielmetti of The Milwaukee Journal Sentinel reports that “U.S. Supreme Court rules against Wisconsin cottage owners.”

Kevin Giles of The Minneapolis Star Tribune reports that “High court denies Wisconsin family’s argument in St. Croix River property case; The St. Croix River case pitted individual property rights against government regulation.”

Greg Stohr of Bloomberg News reports that “Property Rights Curbed by Top U.S. Court in Development Case.”

Sam Hananel of The Associated Press reports that “Justices side with government in property rights case.”

Andrew Chung of Reuters reports that “Supreme Court limits rights of property owners.”

And Amanda Reilly of Greenwire reports that “Supreme Court rules against landowners in waterfront fight.”

Posted at 8:40 AM by Howard Bashman



Friday, June 23, 2017

“After 58 years of SCt journalism, 69 in the trade, retiring next wk after final opins & orders.” So tweeted the incomparable Lyle Denniston this afternoon. Thanks, Lyle, for all of your amazing hard work and dedication. I hope you have an enjoyable and relaxing retirement. You most certainly will be missed!

Today at the “Constitution Daily” blog of the National Constitution Center, Lyle has a post titled “A court term ends, a career change begins.”

Posted at 10:15 PM by Howard Bashman



“Trump loses patience with his White House counsel; The president has taken out his frustration with the expanding Russia probe on lawyer Don McGahn, one of Trump’s earliest campaign supporters”: Nancy Cook and Josh Dawsey of Politico.com have this report.

Posted at 1:48 PM by Howard Bashman