How Appealing



Friday, August 4, 2017

“Could Congress Simply Codify the DOJ Special Counsel Regulations?” Rick Pildes has this post at the “Lawfare” blog.

Posted at 3:12 PM by Howard Bashman



“The Legacy of Justice Scalia with Justice Ruth Bader Ginsburg”: The Aspen Institute has posted this video on YouTube.

Posted at 1:48 PM by Howard Bashman



“State board names highway span for Henry Frye, former N.C. Supreme Court chief justice”: Taft Wireback of The News & Record of Greensboro, North Carolina has this report.

Posted at 1:45 PM by Howard Bashman



S’all is not good, man: Today, Circuit Judge Jeffrey S. Sutton issued an opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit that begins, “A sting operation blends fiction with non-fiction.”

The opinion goes on to explain that “[i]n this instance, Matthew King, a lawyer, agreed to commit a real crime (by laundering the supposed proceeds of non-existent drug sales) and offered to do so on the basis of a money-laundering technique observed on a fictional T.V. show (by imitating Saul Goodman, a lawyer character on Breaking Bad, who set up a sham corporation to launder drug proceeds).”

Posted at 1:22 PM by Howard Bashman



“Murder conviction in Blackwater case thrown out, other sentences overturned”: Spencer S. Hsu of The Washington Post has this report.

And Lawrence Hurley of Reuters reports that “U.S. court tosses murder conviction of ex-Blackwater guard.”

You can access today’s 119-page ruling of the U.S. Court of Appeals for the D.C. Circuit — consisting of a lengthy per curiam opinion followed by separate writings from each of the three judges on the panel — at this link.

Posted at 1:11 PM by Howard Bashman



Thursday, August 3, 2017

“Justice Souter, the First Amendment and the case of the synagogue standoff”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:30 PM by Howard Bashman



“Supreme Court to begin electronic filing in November”: Jessica Gresko of The Associated Press has this report.

Today, the Public Information Office of the U.S. Supreme Court issued a news release that begins, “The Supreme Court’s new electronic filing system will begin operation on November 13, 2017.”

Posted at 10:26 PM by Howard Bashman



“Supreme Court justice offers explanation for LGBTQ decision”: Sean Fine of The Toronto Globe & Mail has an article that begins, “Supreme Court Justice Richard Wagner says he did not purposely exclude LGBTQ advocacy groups from participating in a major case pitting equality rights against religious freedom.”

Posted at 8:44 PM by Howard Bashman



“The Clarence Thomas Takeover: The justice has spent his career pushing a fringy, right-wing ideology; Now, he has an army of acolytes who can make his vision a reality.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 12:54 PM by Howard Bashman



Wednesday, August 2, 2017

“High court juvenile lifer ban spurs wider review of cases”: Juliet Linderman of The Associated Press has a report that begins, “A U.S. Supreme Court decision triggering new sentences for inmates serving mandatory life without parole for crimes committed as juveniles has had a far greater effect: The ruling is prompting lawyers to apply its fundamental logic — that it’s cruel and unusual to lock teens up for life — to a larger population, those whose sentences include a parole provision but who stand little chance of getting out.”

Posted at 9:58 PM by Howard Bashman



“Food writer Hollister Moore, 69, king of street food”: Allison Steele of The Philadelphia Inquirer has written this obituary. The subject of the obituary was the author of the web site “Holly Eats.”

Posted at 8:56 PM by Howard Bashman



“‘We can change the meaning’: Trademarks filed for n-word after Supreme Court decision.” Justin Wm. Moyer has this article in today’s edition of The Washington Post.

Posted at 8:37 PM by Howard Bashman



“Concealed Carry Could Be Headed for the Supreme Court; A recent appeals-court ruling on concealed handguns includes a cry for clarity”: Paul Barrett of Bloomberg Businessweek has this report.

Posted at 8:22 PM by Howard Bashman



“In landmark appraisal ruling, Delaware justices emphasize market’s wisdom”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 5:26 PM by Howard Bashman



“Supreme Court 2016 Statutory Term in Review: Textualist Pathologies in Advocate Health Care Network.” Asher Steinberg has this post at his blog, “The Narrowest Grounds.”

Posted at 5:22 PM by Howard Bashman



“What Justice Powell’s Papers on His Opinion in Marks Tell Us About the Marks Rule”: Asher Steinberg recently had this interesting post at his blog, “The Narrowest Grounds.”

Posted at 5:08 PM by Howard Bashman



“This Lawyer Is Making It Less Profitable to Sue When Companies Merge: Meet Ted Frank, professional objector.” Caleb Hannan of Bloomberg Businessweek has this report.

Posted at 4:30 PM by Howard Bashman



Tuesday, August 1, 2017

Programming note: On Wednesday morning, I will be traveling to northeast Pennsylvania in connection with a new case on which I am working. As a result, additional posts will not appear here until late Wednesday afternoon or Wednesday evening.

As always while I am traveling, additional appellate-related retweets may appear on this blog’s Twitter feed.

Posted at 9:58 PM by Howard Bashman



“City calls for Pa. Supreme Court to deny appeal of soda tax case”: Alison Burdo of Philadelphia Business Journal has this report.

Posted at 8:05 PM by Howard Bashman



“With fifth judge confirmed, Trump outpaces Obama and Bush”: Alex Swoyer of The Washington Times has an article that begins, “President Trump may be facing a roadblock on the rest of his nominees but he’s outpacing his predecessors when it comes to getting federal judges confirmed after his fifth court pick was approved by the Senate on Tuesday.”

And Tim Ryan of Courthouse News Service reports that “Senate Overwhelmingly Approves New FBI Director, 11th Circuit Judge.”

Posted at 7:54 PM by Howard Bashman