How Appealing



Monday, June 19, 2017

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in five argued cases.

1. Justice Samuel A. Alito, Jr. announced the judgment of the Court and delivered the opinion of the Court in large measure in Matal v. Tam, No. 15-1293. Justice Anthony M. Kennedy issued an opinion concurring in part and concurring in the judgment, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. And Justice Clarence Thomas issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., No. 16-466. Justice Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Stephen G. Breyer delivered the opinion of the Court in McWilliams v. Dunn, No. 16-5294. Justice Alito issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Thomas and Neil M. Goruch joined. You can access the oral argument via this link.

4. Justice Kennedy delivered the opinion of the Court in Packingham v. North Carolina, No. 15-1194. Justice Alito issued an opinion concurring in the judgment, in which Chief Justice Roberts and Justice Thomas joined. You can access the oral argument via this link.

5. And Justice Kennedy delivered the opinion of the Court in large measure in Ziglar v. Abbasi, No. 15-1358. Justice Thomas issued an opinion concurring in part and concurring in the judgment. Justice Breyer issued a dissenting opinion, in which Justice Ginsburg joined. Justices Sotomayor and Kagan were recused, and Justice Gorsuch did not participate. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



“On Death Row, but Is He Innocent?” Columnist Nicholas Kristof had this op-ed in yesterday’s edition of The New York Times.

Posted at 8:33 AM by Howard Bashman



Saturday, June 17, 2017
Friday, June 16, 2017

“Trump Is Appointing Racist Fake News Purveyors to the Federal Bench; A radical transformation of the judiciary is underway”: George Zornick has this post online at The Nation.

Posted at 10:08 PM by Howard Bashman



“Class plaintiffs tell SCOTUS no need for ascertainability review”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:20 PM by Howard Bashman



“Judge Phyllis Kravitch dies, recalled as small in stature with giant reputation”: Jan Skutch of The Savannah Morning News has this report.

Posted at 8:40 PM by Howard Bashman



Newdow and New Doe before the Sixth Circuit today: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today heard oral argument in New Doe Child #1 v. United States Congress. Attorney Michael Newdow argued the appeal for the plaintiffs-appellants.

Heather Clark of the Christian News Network reported on the federal district court’s ruling in the case in an article headlined “Federal Court Dismisses Effort to Have ‘In God We Trust’ Removed From U.S. Currency.”

You can access the audio of today’s Sixth Circuit oral argument in the case via this link.

Posted at 4:48 PM by Howard Bashman



“Polemicists in Robes: The president’s latest batch of bomb-throwing judicial nominees will transform the federal bench for generations to come.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 10:28 AM by Howard Bashman



Thursday, June 15, 2017

“Cuomo nominates Paul Feinman to fill high court vacancy”: Matthew Hamilton of The Times Union of Albany, New York has this report.

Glenn Blain of The New York Daily News reports that “Gov. Cuomo to nominate openly gay judge to New York Court of Appeals for first time.”

Yancey Roy of Newsday reports that “Cuomo nominee would be first openly gay judge on NY top court.”

Corinne Ramey of The Wall Street Journal reports that “Cuomo to Nominate Paul Feinman to Court of Appeals; Justice would replace former judge whose body was found in the Hudson River.”

And Jon Campbell of Gannett reports that “Gov. Andrew Cuomo to make Paul Feinman first gay man on top court.”

Posted at 10:02 PM by Howard Bashman



“Firing Mueller would be an insult to the Founding Fathers”: Kenneth W. Starr has this essay online at The Washington Post.

Posted at 8:47 PM by Howard Bashman



“Ginsburg’s Surprisingly Retro Feminism: The justice’s anti-discrimination ruling this week follows her usual script but in the end burdens women.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 8:40 PM by Howard Bashman



“Supreme Court Justice Neil Gorsuch Will Now Hear Opening Arguments for CO Home”: Lisa Johnson Mandell has this report at Realtor.com.

Should you have an extra $1.675 million lying around, you can access the real estate listing at this link.

Posted at 8:32 PM by Howard Bashman



“Gorsuch Gets Comfortable in Scalia’s Chair; So far he seems to be an energetic jurist in the textualist mold”: Kenneth W. Starr has this essay online at The Wall Street Journal.

Posted at 8:15 PM by Howard Bashman



“Trump Visits Supreme Court for Neil Gorsuch’s Formal Welcome”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “With the Trumps on hand, Neil Gorsuch officially joins the Supreme Court.”

At the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Justice Gorsuch joins the court — again.”

And at “SCOTUSblog,” Mark Walsh and Amy Howe have a post titled “A ‘view’ from the courtroom: The investiture of Neil Gorsuch.”

Posted at 8:10 PM by Howard Bashman



“Winning on Appeal”: This morning, I submitted a blurb to be published on the inside cover of the forthcoming third edition of “Winning on Appeal: Better Briefs and Oral Argument,” published by the National Institute for Trial Advocacy.

The late Third Circuit Judge Ruggero J. Aldisert — one of the titans of that court — was responsible for the first two editions of this wonderful practice guide. Law professor Tessa L. Dysart and Fifth Circuit Judge Leslie H. Southwick have assumed responsibility for the new edition. Judge Aldisert was so kind as to include some of my advice in the book’s second edition, and my now-updated advice will continue to be featured — along with the advice of many other appellate judges and appellate lawyers — in the forthcoming third edition.

In a happy coincidence, while I’m on the subject of the title of this post, this morning I received this published opinion in favor of my client — the plaintiff-appellee — in an appeal that I argued before a three-judge panel of the Pa. Superior Court on April 24, 2017.

Posted at 11:58 AM by Howard Bashman



“Senators Grill Trump Judicial Nominees On Provocative Blog Posts”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

At “The Vetting Room” blog, Harsh Voruganti yesterday had a post titled “Thoughts on Today’s Judiciary Committee Hearing.”

Ian Millhiser of ThinkProgress has a post titled “Trump picks right-wing blogger for a judgeship, his confirmation hearing was a complete train wreck; Maybe it wasn’t a good idea to pick the guy who compared abortion to slavery?

And at HuffPost, Sammie Moshenberg has a post titled “The Most Important Senate Hearing You Didn’t Hear Anything About This Week; It’s always a bad sign when a judicial nominee has to begin his hearing with an apology.”

Posted at 10:33 AM by Howard Bashman



“In defensive move, Trump extends effective date of travel ban order”: Gregory Korte and Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that “Trump administration amends travel ban date to keep legal battle alive.”

Greg Stohr of Bloomberg News reports that “Trump Modifies Travel Ban to Address Possible Expiration.”

Vivian Salama of The Associated Press reports that “Trump pushes back on claims that travel ban soon to expire.”

Josh Gerstein of Politico.com has a blog post titled “Trump tweaks travel ban timing.”

And in commentary, at “Just Security,” Marty Lederman has a blog post titled “The President Resuscitates the Entry Ban: Where Should the Court Go From Here?

And at the “Take Care” blog, Steve Vladeck and Leah Litman have a post titled “How the President’s Clarifying Memorandum Destroys the Case for the Entry Ban.”

Posted at 10:25 AM by Howard Bashman