How Appealing



Wednesday, September 6, 2017

“Justice Elena Kagan to visit University of Wisconsin-Madison on Friday”: Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, “U.S. Supreme Court Justice Elena Kagan will address the public Friday at the University of Wisconsin-Madison, just a month before a Wisconsin case goes before the nation’s high court.”

Posted at 9:57 PM by Howard Bashman



“Posner says friction on 7th Circuit bench led to his retirement”: Patricia Manson of the Chicago Daily Law Bulletin has this report.

Posted at 8:10 PM by Howard Bashman



“Larsen willing to rule against Trump”: Melissa Nann Burke of The Detroit News has this report.

Lydia Wheeler of The Hill reports that “Trump judicial nominee denies she’d put her faith above the law.”

Josh Gerstein of Politico.com reports that “DOJ civil rights nominee denounces Charlottesville violence; One Republican senator joins Democrats in lamenting evasiveness of appeals court picks.”

And Ryan Lovelace of the Washington Examiner reports that “Senate Democrats grill two Trump judicial nominees.”

Posted at 3:47 PM by Howard Bashman



“Abortion clinic’s challenge to Kentucky law goes to trial Wednesday in federal court”: Deborah Yetter of The Courier-Journal of Louisville, Kentucky has an article that begins, “The state’s last abortion clinic, fighting to stay in business, takes its case to federal court Wednesday, arguing that enforcement actions by the administration of Gov. Matt Bevin are meant to shut it down and deny women access to abortions in Kentucky.”

Chris Kenning of Reuters reports that “Kentucky trial could make state first in U.S. with no abortion clinic.”

And Bruce Schreiner of The Associated Press reports that “Kentucky’s last abortion clinic to face off against governor.”

Posted at 1:40 PM by Howard Bashman



Tuesday, September 5, 2017

“Franken will not back Trump’s pick of Minn. Justice David Stras for 8th Circuit Court; The democratic senator announced Tuesday he will not return a blue slip that would allow the Stras nomination to advance to a vote, concerned that the justice is too conservative”: Jennifer Brooks of The Minneapolis Star Tribune has this report.

And Rachel E. Stassen-Berger of The St. Paul Pioneer Press reports that “Sen. Al Franken to oppose MN Supreme Court Justice David Stras’ nomination to federal bench.”

This afternoon, U.S. Senator Al Franken (D-MN) posted this statement on Facebook.

And U.S. Senator Amy Klobuchar (D-MN) issued a statement titled “Klobuchar Statement on Nomination of Justice Stras to the Eighth Circuit Court of Appeals.”

Posted at 3:17 PM by Howard Bashman



“Court restores man’s lawsuit against cheating wife’s lover”: Emery P. Dalesio of The Associated Press has this report on a ruling that the North Carolina Court of Appeals issued today.

Today’s ruling of a unanimous three-judge panel begins:

This case concerns two common law causes of action — alienation of affection and criminal conversation — that permit litigants to sue the lovers of their unfaithful spouses. These laws were born out of misogyny and in modern times are often used as tools for enterprising divorce lawyers seeking leverage over the other side.

Defendant Derek Williams contends that these aging common law torts are facially unconstitutional because they violate individuals’ First and Fourteenth Amendment rights to engage in intimate sexual activity, speech, and expression with other consenting adults.

As explained below, we reject this facial constitutional challenge.

Although six of the court’s 15 judges — including the court’s chief judge — are female, this case was decided by an all-male panel. Judge Richard Dietz wrote the opinion of the court, in which Judges Rick Elmore and John M. Tyson joined.

Posted at 1:44 PM by Howard Bashman



“Counterpoint: Diversity and transparency needed in Stras nomination, not a rubber stamp; Sens. Klobuchar and Franken are right to be taking their time. “ The Minneapolis Star Tribune recently published this essay written by Marie A. Failinger, Kendra Brodin, Mike Essien, Ben Kwan, and Lariss Maldonado.

Posted at 11:18 AM by Howard Bashman



Sunday, September 3, 2017

“ELB Podcast Episode 18 — Eric McGhee and Nick Stephanopoulos: Will the Efficiency Gap Save the U.S. from Partisan Gerrymandering?” Rick Hasen has this post at his “Election Law Blog.”

Posted at 9:18 PM by Howard Bashman



“The Court’s Lack of Recent Support for the Federal Government’s Agenda”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 5:32 PM by Howard Bashman



“Richard Posner, Leader of a Legal Revolution; No one comes close to the retired federal judge in terms of influence on contemporary law”: Law professor Cass R. Sunstein has this essay online at Bloomberg View.

Posted at 3:30 PM by Howard Bashman



Saturday, September 2, 2017

“8th Circuit adds to data breach litigation uncertainty, ahead of SCOTUS petition”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 11:28 AM by Howard Bashman



“Supreme Court Preview: Blockbuster Cases Likely to Deliver a Contentious, Consequential Fall Term.” Tony Mauro and Marcia Coyle of The National Law Journal have this report.

Posted at 11:24 AM by Howard Bashman



“D.C. Circuit Review — Reviewed: The Concurrences of Judge Janice Rogers Brown.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 11:22 AM by Howard Bashman



Friday, September 1, 2017

“Richard Posner announces sudden retirement from federal appeals court in Chicago”: Jason Meisner and Patrick M. O’Connell of The Chicago Tribune have this report.

The Chicago Sun-Times reports that “Federal Appellate Judge Richard Posner, legal giant, set to retire.”

Patricia Manson of the Chicago Daily Law Bulletin reports that “Richard Posner announces retirement.”

Claire Bushey of Crain’s Chicago Business reports that “Judge Richard Posner is retiring from the federal appeals court.”

The U.S. Court of Appeals for the Seventh Circuit issued this news release today.

On December 1, 2003, Seventh Circuit Judge Richard A. Posner participated in this blog’s “20 questions for the appellate judge” feature.

Posted at 7:45 PM by Howard Bashman



“Racial Diversity on the Federal Bench: Have We Hit the High Water Mark?” Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 1:50 PM by Howard Bashman