How Appealing



Thursday, June 15, 2017
Wednesday, June 14, 2017

“Ninth Circuit Reverses Its Own Commercial Speech Ruling”: Helen Christophi of Courthouse News Service has an article that begins, “Reversing its earlier ruling on a free speech challenge to California’s ban on compensating retailers for advertising alcohol products, an en banc Ninth Circuit on Wednesday potentially handed final say on the issue over to the U.S. Supreme Court.”

You can access today’s en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 11:22 PM by Howard Bashman



“Trump judicial nominee says political blogging won’t affect his rulings”: Ryan Lovelace of The Washington Examiner has this report.

Posted at 9:00 PM by Howard Bashman



“A church-state case may be an early test for Neil Gorsuch: The Supreme Court nominee has emphasised the secular value of religious rites.” Steven Mazie had this post at the “Democracy in America” blog of The Economist back on February 21, 2017.

The case in question — Bormuth v. County of Jackson — was reargued en banc this afternoon at the U.S. Court of Appeals for the Sixth Circuit. You can access the audio of the en banc reargument via this link.

My coverage of the original, now-vacated divided three-judge Sixth Circuit panel’s ruling in the case can be accessed here.

Posted at 6:20 PM by Howard Bashman



“Was A Possible Judicial Nominee Told To Curb His Twitter Use By . . . The Trump Administration, Of All People? Not exactly — but other authorities have asked him about the subject.” David Lat has this post at “Above the Law.”

Posted at 6:14 PM by Howard Bashman



“Court Strikes Obama-Era Rule Capping Cost of Phone Calls From Prison”: Cecilia Kang has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Ann E. Marimow has an article headlined “There’s no cheap talk when it comes to prison calls. And that’s not changing soon.”

Tali Arbel of The Associated Press reports that “Appeals court tosses FCC cap on cost of calls to prisons.”

Jon Brodkin of Ars Technica reports that “Prisoners lose again as court wipes out inmate calling price caps; Judges vacate intrastate caps after FCC Chair Ajit Pai dropped court defense.”

And Zoe Tillman of BuzzFeed News reports that “The Feds Can’t Cap The Cost Of Prison Phone Calls, Court Rules In A Major Loss For Prisoner Advocates.”

You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 2:48 PM by Howard Bashman



“Beverage tax upheld by Commonwealth Court”: Julia Terruso of The Philadelphia Inquirer has an article that begins, “A panel of judges has upheld Philadelphia’s beverage tax, dismissing complaints from the American Beverage Association and local retailers who argued that the levy is unlawful.”

You can access today’s 5-to-2 ruling of the Commonwealth Court of Pennsylvania at this link.

Update: In other coverage, The Associated Press reports that “Appeals court upholds Philadelphia’s tax on sweetened drinks.”

Posted at 12:05 PM by Howard Bashman



“The Saucy Sock Puppet of the Trump-Nominated Judge: An attorney up for a federal bench seat made his views plain while writing blog posts under a pseudonym.” Eleanor Clift has this essay online at The Daily Beast.

Posted at 10:50 AM by Howard Bashman



“The Strange Civil Rights Views of Trump’s Latest Court Nominees: On Wednesday, three of those nominees will appear before the Senate; Together, they evince a deep hostility toward civil rights.” Kyle Barry has this essay online at Politico Magazine.

Today’s hearing of the Senate Judiciary Committee, scheduled to begin at 9:45 a.m. eastern time, to consider judicial nominees can be viewed online via this link.

Posted at 9:40 AM by Howard Bashman



Tuesday, June 13, 2017

“Chief Justice Beverley McLachlin to retire after decades of pushing boundaries”: Sean Fine has this front page article in today’s edition of The Toronto Globe and Mail.

Tonda MacCharles of The Toronto Star reports that “Chief Justice Beverley McLachlin to retire from Supreme Court of Canada; McLachlin has led the country’s top court for more than 17 years, in the process transforming it into a modern institution.”

From CBC News, John Paul Tasker reports that “Chief Justice Beverley McLachlin retiring from Supreme Court; Prime Minister Justin Trudeau hails McLachlin as a ‘judicial leader and trailblazer.’” And Peter Zimonjic has a report headlined “Can Trudeau put his stamp on the Supreme Court? That’s not how it works here, say experts; Appointing a chief justice is ‘the most important appointment a prime minister makes,’ says Anne McLellan.”

John Ward of The Canadian Press reports that “Beverley McLachlin, Supreme Court Chief Justice, To Retire In December.”

And at Maclean’s, John Geddes has a report headlined “How Beverley McLachlin changed the face of the Supreme Court: As she gets set to retire, her record conveying what the court was all about matters as much as her rulings.”

Posted at 10:50 PM by Howard Bashman



“Arguing with Friends”: Law professors William Baude and Ryan D. Doerfler have posted this paper on SSRN.

The paper’s abstract begins, “It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this.”

Posted at 4:08 PM by Howard Bashman



“Appeals Court Avoids Moral Issue of Travel Ban: The 9th Circuit’s ruling against Trump, based on details of immigration law, is a risky way to shut down a troublesome order.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 2:28 PM by Howard Bashman



“Ruth Bader Ginsburg Affirms the ‘Equal Dignity’ of Mothers and Fathers; Her landmark decision in Sessions v. Morales-Santana bolsters constitutional protections against sex discrimination — but leaves Morales-Santana himself out in the cold”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 2:22 PM by Howard Bashman



“Supreme Court Bars Favoring Mothers Over Fathers in Citizenship Case”: 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 articles headlined “Ginsburg cites own work in striking down citizenship law that treats mothers and fathers differently” and “Gorsuch shows writing style in unanimous opinion about debt collectors.”

David G. Savage of The Los Angeles Times reports that “In his first Supreme Court opinion, Gorsuch shows writing flair, strict interpretation of law.”

From The Wall Street Journal, Jess Bravin reports that “Supreme Court Strikes Down Gender-Based Immigration Law; The court rules that ‘stunningly anachronistic’ stereotypes about the sexes couldn’t justify a preference for women over men.” And Brent Kendall reports that “High Court Ruling Could Speed Competition in Biosimilars Market; In opinion written by Justice Clarence Thomas, court says biologics makers can give notice of copycat version before getting FDA approval.”

And Richard Wolf of USA Today reports that “Justice Neil Gorsuch’s first ruling shows strict use of language.”

Posted at 2:08 PM by Howard Bashman



Cue the Mellencamp: In today’s edition of The Indianapolis Star, Madeline Buckley has a front page article headlined “Gov. Holcomb selects small-town judge for Indiana Supreme Court.”

Niki Kelly of The Journal Gazette of Fort Wayne, Indiana reports that “Governor picks Wabash County judge as state Supreme Court justice.”

Dan Carden of The Times of Munster, Indiana reports that “Governor appoints new Indiana Supreme Court justice.”

And Olivia Covington of The Indiana Lawyer reports that “Holcomb praises justice pick’s ‘sharp legal mind.’

Posted at 11:12 AM by Howard Bashman



“In Texas, a State Supreme Court Maintains Integrity, Despite Politics; Cautious and low-profile, it dodges election hazards to preserve the status quo”: Mark Pulliam has this essay online at National Review.

Posted at 10:58 AM by Howard Bashman



“Blocked again: Another appeals court rejects Donald Trump’s travel ban; The Ninth Circuit’s 3-0 ruling on the travel ban could give the Supreme Court an opportunity to skip it altogether.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 10:45 AM by Howard Bashman



Monday, June 12, 2017

“Trump’s Tweets Must Now Be Taken Seriously: The 9th Circuit’s travel ban ruling declares the president’s Twitter feed is a legally binding stream of consciousness.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 11:44 PM by Howard Bashman



“Expert didn’t think ABC’s Avila wanted both sides of BPI story”: Nick Hytrek of The Sioux City (Iowa) Journal has an article that begins, “David Theno refers to himself as one of the foremost experts in ground beef in the United States.”

Posted at 10:12 PM by Howard Bashman



“Lurking in latest SCOTUS class action ruling: long-running question of standing.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:00 PM by Howard Bashman



“Gorsuch’s First Opinion Comes With a Hat-Tip to Scalia; The justice’s interpretation of a debt-collection law is based on its text alone, not Congress’s intention to protect consumers”: Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 9:24 PM by Howard Bashman



“The Ninth Circuit Shows the Supreme Court How to Strike Down Trump’s Travel Ban: Sidestepping thorny constitutional questions and focusing on substance and procedure, the appellate panel offered the justices an escape route, if they care to take it.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 9:16 PM by Howard Bashman



“Why America still executes people: The legal reasoning behind the continued use of the death penalty.” Steven Mazie has this blog post online at The Economist.

Posted at 2:36 PM by Howard Bashman



“Decision time at the Supreme Court: Rulings expected soon on religion, free speech and immigration.” David G. Savage of The Los Angeles Times has this report.

Posted at 2:33 PM by Howard Bashman



Ninth Circuit issues its ruling in Hawaii v. Trump: You can access the per curiam opinion at this link. The opinion’s opening paragraph concludes, “we affirm in large part the district court’s order preliminarily enjoining Sections 2 and 6 of the Executive Order.”

In early news coverage, Adam Liptak of The New York Times reports that “Trump Loses Travel Ban Ruling in Appeals Court.”

Maura Dolan of The Los Angeles Times reports that “9th Circuit Court of Appeals refuses to reinstate Trump’s travel ban.”

Bob Egelko of The San Francisco Chronicle reports that “Federal appeals court in SF deals Trump another travel ban defeat.”

Alan Gomez and Richard Wolf of USA Today report that “President Trump’s travel ban struck down by second appeals court.”

Gene Johnson of The Associated Press reports that “Another US appeals court keeps Trump’s travel ban blocked.”

Reuters reports that “Another U.S. appeals court rules against Trump’s revised travel ban.”

And Kartikay Mehrotra of Bloomberg News reports that “Second U.S. Appeals Court Blocks Trump’s Revised Travel Ban.”

Posted at 1:05 PM by Howard Bashman