How Appealing



Thursday, September 28, 2017

Programming note: I will be traveling during the day on Friday, and as a result new posts won’t appear here until Saturday night.

As is often the case while I am away from the computer, additional appellate-related retweets may appear on this blog’s Twitter feed.

Posted at 11:05 PM by Howard Bashman



“One Notable Cost of Fidelity to Smith (re: Masterpiece Cakeshop)”: Jim Oleske has this post at the “Take Care” blog.

Posted at 11:02 PM by Howard Bashman



“Amid Protests at Trump Hotel, Neil Gorsuch Calls for Civility”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Gorsuch speaks at Trump’s D.C. hotel, drawing protesters.”

David G. Savage of The Los Angeles Times reports that “Justice Neil Gorsuch draws protesters with speech at Trump Hotel.”

Richard Wolf of USA Today reports that “Gorsuch urges tolerance in address at Trump hotel.”

Greg Stohr of Bloomberg News reports that “Gorsuch Calls for ‘Civility,’ Ducks Controversy at Trump Hotel.”

Jessica Gresko of The Associated Press reports that “Gorsuch appears at Trump hotel, liberal groups cry foul.”

Andrew Chung of Reuters reports that “Supreme Court’s Gorsuch criticized over Trump hotel speech.”

Ariane de Vogue of CNN.com reports that “Neil Gorsuch speech at Trump hotel draws protests.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Jackie Northam had an audio segment titled “Supreme Court Justice Neil Gorsuch’s Speech At Trump’s D.C. Hotel Draws Criticism.”

Posted at 9:15 PM by Howard Bashman



“Supreme Court Will Hear Case on Mandatory Fees to Unions”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court again will consider mandatory fees to public-employee unions.”

David G. Savage of The Los Angeles Times reports that “Supreme Court poised to deal a sharp blow to unions for teachers and public employees.”

Richard Wolf of USA Today reports that “Supreme Court will hear challenge to public union fees.”

Lawrence Hurley of Reuters reports that “Supreme Court to hear major challenge to public-sector unions.”

Mark Sherman of The Associated Press reports that “Supreme Court, new term near, to hear challenge to unions” and “Court to rule when lawyer says ‘guilty,’ but client objects.”

Greg Stohr of Bloomberg News reports that “U.S. Supreme Court to Scrutinize Mandatory Union Fees Again.”

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Solidarity’s End: Neil Gorsuch is giving conservatives the chance to virtually destroy American unions.”

Posted at 8:56 PM by Howard Bashman



“Trump picks Texas conservatives Willett and Ho for powerful appeals court”: Katie Leslie, Tom Benning, and Todd J. Gillman of The Dallas Morning News have this report.

Peggy Fikac of The San Antonio Express-News reports that “Trump picks Texas Supreme Court justice, former solicitor general for U.S appellate court.”

Ryan Autullo of The Austin American-Statesman reports that “Trump taps ‘Tweeter Laureate’ Don Willett for 5th Circuit appeals court.”

Mathew Richards of inForney.com reports that “1984 Forney HS graduate, Don Willett, among Trump’s nominees for 5th U.S. Circuit Court of Appeals.”

Alex Swoyer of The Washington Times reports that “Conservatives applaud Trump’s nominees to the 5th Circuit Court of Appeals; President sets up new set of battles over confirmation.”

The Associated Press reports that “Trump picks 4 for New Orleans-based appeals court.”

Ariane de Vogue of CNN.com reports that “Trump picks active tweeter, Hobby Lobby case lawyer for appeals court.”

Zoe Tillman of BuzzFeed News reports that “The Stalemate Over Texas Court Vacancies Is Over, As Trump Announces Nominees; President Trump’s latest batch of judicial nominees include Texas Supreme Court Justice Don Willett and former Texas Solicitor General James Ho.”

Julia Manchester of The Hill reports that “Trump picks active tweeter Don Willett for appeals court.”

And at “Above the Law,” David Lat has a post titled “A Surprising Turn In The Fifth Circuit Sweepstakes (Plus Seven Other Federal Judicial Nominees); Congratulations to the two Texas nominees, including a celebrity tweeter!

Today, the White House issued a news release titled “President Donald J. Trump Announces Eighth Wave of Judicial Candidates.”

Posted at 8:30 PM by Howard Bashman



“Supreme Court to decide on gerrymandering, religious liberty, with Justice Kennedy holding key votes”: David G. Savage of The Los Angeles Times has this report.

Posted at 8:10 PM by Howard Bashman



“Save the date: 4 October will see first ever Supreme Court case heard by more than one woman; Lady Hale and Lady Black to rule on case about ethnic minority barrister’s discrimination claim.” Katie King has this post at the “Legal Cheek” blog.

Posted at 1:48 PM by Howard Bashman



“Broadband Providers to Seek Supreme Court Review on Net Neutrality”: Greg Stohr and Todd Shields of Bloomberg News have this report.

Posted at 1:44 PM by Howard Bashman



“Why does the Supreme Court care so much about wedding cakes? How bakery case at Supreme Court will frame future religious freedom debates.” Kelsey Dallas of The Deseret News has this report.

Posted at 1:32 PM by Howard Bashman



“Stand Your Ground may protect you from criminal charges — but not lawsuits”: David Ovalle of The Miami Herald has an article that begins, “Beating a criminal rap thanks to Florida’s controversial Stand-Your-Ground law doesn’t automatically shield you from civil lawsuits. That was the decision Thursday by the Florida Supreme Court, which said that ‘immunity’ granted by criminal-court judges don’t apply to lawsuits filed in civil court.”

You can access today’s ruling of the Supreme Court of Florida at this link.

Posted at 1:28 PM by Howard Bashman



“Gorsuch at Trump hotel is wasted chance to show Supreme Court leadership; With all the partisanship in Washington, wouldn’t it be nice if liberal justices addressed conservatives and conservatives talked to liberals?” Gabe Roth has this essay online at USA Today.

Posted at 9:54 AM by Howard Bashman



“When ‘Not Guilty’ Is a Life Sentence: What happens after a defendant is found not guilty by reason of insanity? Often the answer is involuntary confinement in a state psychiatric hospital — with no end in sight.” Mac McClelland will have this article in the October 1, 2017 issue of The New York Times Magazine.

Posted at 9:50 AM by Howard Bashman



“Sonia Sotomayor’s Message of Hope to Puerto Rico: ‘You Are Not Alone.'” Cristian Farias has this post at the “Daily Intelligencer” blog of New York magazine.

Posted at 9:47 AM by Howard Bashman



“From her dad’s killing during the crack epidemic to a Supreme Court clerkship”: John Woodrow Cox of The Washington Post has this report.

Posted at 9:42 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in 11 new cases that will result in nine hours of oral argument.

Posted at 9:33 AM by Howard Bashman



“Some Worry About Judicial Nominee’s Ties to a Religious Group”: Laurie Goodstein of The New York Times has an article that begins, “One of President Trump’s judicial nominees became something of a hero to religious conservatives after she was grilled at a Senate hearing this month over whether her Roman Catholic faith would influence her decisions on the bench.”

Posted at 9:16 AM by Howard Bashman