How Appealing



Saturday, September 9, 2017

“Taking the cake: The Department of Justice backs a baker who refused to make a gay wedding cake; The DoJ’s missive to the Supreme Court is not its finest work.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Cake Wreck: The Trump administration’s brief in the Supreme Court’s anti-gay baker case is cynical, dishonest, and embarrassing.”

Posted at 11:11 AM by Howard Bashman



“It’s Thurgood Marshall to the Rescue in a New Thriller”: Adam Liptak will have this article in Sunday’s edition of The New York Times.

Posted at 11:08 AM by Howard Bashman



Friday, September 8, 2017

“President Eisgruber asks Senate committee to avoid ‘religious test’ in judicial appointments”: The Office of Communications of Princeton University issued this news release today.

Posted at 10:14 PM by Howard Bashman



“On Kozinski And Costco: The mega-retailer counts federal judges among its fans.” David Lat has this post at “Above the Law.”

Posted at 8:36 PM by Howard Bashman



“Two NC Republicans say they accidentally asked the Supreme Court to end gerrymandering”: Will Doran of The News & Observer of Raleigh, North Carolina has this report.

Now the wait begins to see whether the U.S. Supreme Court will accidentally agree with the outcome requested in their brief.

Posted at 4:36 PM by Howard Bashman



“Corpus Linguistics and Criminal Law”: Carissa Byrne Hessick has this post at “PrawfsBlawg.” As is often the case there, the comments to the post are interesting too.

Posted at 1:46 PM by Howard Bashman



“Trump Administration Backs Baker Who Refused to Make Wedding Cake for Gay Couple; Justice Department files friend-of-the-court brief in support of Colorado bakery owner in case to be heard by Supreme Court”: Jess Bravin as this article in today’s edition of The Wall Street Journal.

Posted at 1:34 PM by Howard Bashman



“Should a Judge’s Nomination Be Derailed by Her Faith? During a recent hearing, Democratic senators pushed an appellate-court nominee to explain how her religious beliefs would affect her legal decisions.” Emma Green of The Atlantic has this report.

And online at Bloomberg View, Ramesh Ponnuru has an essay titled “Trump Judicial Nominee Faces the ‘Dogma’ Brigade; Democratic senators buy into a shameless distortion of a conservative law professor’s views.”

Posted at 1:28 PM by Howard Bashman



“Appeals Court Deals Blow to Trump’s Travel Ban; Ninth Circuit panel rules 24,000 vetted refugees can enter U.S. while Supreme Court considers policy’s legality”: Jess Bravin of The Wall Street Journal has this report.

In today’s edition of The New York Times, Miriam Jordan has an article headlined “Appeals Court Limits Trump Travel Ban and Allows More Refugees.”

And at the “Take Care” blog, Joshua Matz has a post titled “The Ninth Circuit’s Latest Order and The Zombie Travel Ban.”

My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.

Posted at 10:32 AM by Howard Bashman



“Ted Cruz 2.0? Senator Adjusts With Trump in Office and Houston Under Water.” Matt Flegenheimer of The New York Times has this report.

Posted at 10:14 AM by Howard Bashman



“Lawyers Ask The Supreme Court To Rule On Whether Existing Civil Rights Laws Cover Anti-Gay Discrimination”: Chris Geidner of BuzzFeed News has this report.

Posted at 10:04 AM by Howard Bashman



Thursday, September 7, 2017

“16 New Judicial Nominations From President Trump: Who are the latest legal luminaries possibly headed for the federal bench?” David Lat has this post at “Above the Law.”

Posted at 9:37 PM by Howard Bashman



“The Backstory Behind Judge Richard Posner’s Retirement; Judge Posner had some very specific reasons for his surprise retirement from the bench”: David Lat has this post at “Above the Law.”

Posted at 9:33 PM by Howard Bashman



“Franken’s ignoble rejection of Stras nomination: The Minnesota Democrat is mimicking GOP treatment of Merrick Garland.” The Minneapolis Star Tribune has published this editorial.

Posted at 8:36 PM by Howard Bashman



“Appeals court rules against Trump administration on travel ban restrictions on refugees and close relatives”: Maura Dolan and Jaweed Kaleem of The Los Angeles Times have this report.

Bob Egelko of The San Francisco Chronicle has an article headlined “Court: Trump’s travel ban doesn’t include grandparents, grandchildren.”

Matt Zapotosky of The Washington Post reports that “Grandparents, refugees with formal assurances can enter under Trump’s travel ban, appeals court rules.”

Stephen Dinan of The Washington Times reports that “Appeals court deals new setback to Trump travel ban; Judges say extended relatives, refugees must be admitted.”

Gene Johnson of The Associated Press has a report headlined “Appeals court: Grandparents not part of Trump’s travel ban.”

Jonathan Stempel and Mica Rosenberg of Reuters report that “U.S. appeals court rejects Trump’s bid to bar most refugees.”

Ariane de Vogue of CNN.com reports that “9th Circuit narrows scope of Trump travel ban.”

Josh Gerstein of Politico.com reports that “Court rejects Trump administration on travel ban exemptions; Grandparents, cousins of Americans get reprieve, as do many refugees.”

And Chris Geidner of BuzzFeed News reports that “Appeals Court Sides With Challengers Fighting To Keep Grandparents Exempt From Trump’s Travel Ban.”

You can access today’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:22 PM by Howard Bashman



“In major Supreme Court case, Justice Dept. sides with baker who refused to make wedding cake for gay couple”: Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that “Trump lawyers urge Supreme Court to rule for Colorado cake maker who turned away gay couple.”

Lawrence Hurley of Reuters reports that “Trump administration backs baker who refused to make cake for gay couple.”

Greg Stohr of Bloomberg News reports that “White House Backs Baker in Gay Wedding-Cake Court Case.”

Ryan J. Reilly of HuffPost has a report headlined “Trump DOJ To Supreme Court: Making Gay Wedding Cake Would Violate Baker’s Rights; The Justice Department said artists can’t be compelled to create against their religious beliefs.”

And Chris Geidner and Dominic Holden of BuzzFeed News report that “Trump Administration Sides With Baker In Same-Sex Wedding Cake Case.”

You can view the amicus brief that the federal government has filed in the U.S. Supreme Court at this link.

Posted at 8:02 PM by Howard Bashman



“Trump Judicial Nominees Keep Mostly Mum In Confirmation Hearings”: This audio segment featuring Nina Totenberg appeared on today’s broadcast of NPR’s “Morning Edition.”

Posted at 5:14 PM by Howard Bashman



“Gavel down — The judicial philosophy of Richard Posner: America’s most prolific judge thought that law was a practical, problem-solving activity.” Steven Mazie has this article in the September 7, 2017 print edition of The Economist.

Posted at 4:16 PM by Howard Bashman



“Members of Congress back Christian baker in same-sex wedding-cake case before Supreme Court”: Alex Swoyer of The Washington Times has this report.

Posted at 4:12 PM by Howard Bashman



“Trump taps White House legal adviser to serve on high-profile D.C. Circuit”: Ann E. Marimow of The Washington Post has this report.

Posted at 4:03 PM by Howard Bashman



“Trump Nominates Greg Katsas to the D.C. Circuit; This is a home run for the president”: Shannen W. Coffin has this essay online at National Review.

Posted at 2:08 PM by Howard Bashman



“Trump nominates Oregon federal prosecutor Ryan Bounds to serve as federal appellate judge”: Maxine Bernstein of The Oregonian has this report.

Ariane de Vogue of CNN.com reports that “Trump nominates 16 judges as Democrats look ahead to Supreme Court fight.”

And Zoe Tillman of BuzzFeed News reports that “Trump Is Nominating A Senior White House Lawyer For The Powerful DC Circuit; Greg Katsas has served as deputy counsel to the president since January.”

Posted at 1:54 PM by Howard Bashman



“Trump nominates White House lawyer to important court seat”: Sadie Gurman of The Associated Press has this report.

Lydia Wheeler of The Hill reports that “Trump unveils seventh wave of nominees to fill judicial vacancies.”

And John Solomon of The Hill reports that “Trump to nominate Clarence Thomas protege to key appeals court post.”

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

Posted at 11:25 AM by Howard Bashman



“Massachusetts’ Highest Court Begins Appeals Season”: Brendan Deady of WGBH News has this report.

After having operated this appellate-related blog for more than 15 years, it’s nice to finally learn that there’s such a thing as “appeals season.”

Posted at 9:22 AM by Howard Bashman



“There’ll Always Be Posner: An Appreciation.” Stephen McConnell has this post at the “Drug & Device Law” blog.

Posted at 9:16 AM by Howard Bashman



“DACA suits could cause static for Trump travel-ban opponents at Supreme Court”: Josh Gerstein of Politico.com has this report.

Posted at 9:08 AM by Howard Bashman



Wednesday, September 6, 2017

“California Supreme Court to decide whether to lower bar exam passing score”: Isha Salian of The San Francisco Chronicle has this report.

Posted at 10:52 PM by Howard Bashman