How Appealing



Tuesday, October 31, 2017

“Harvard At 200: Justices Look Back On Their Law School Days — And Beyond.” Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 11:56 PM by Howard Bashman



“ABA Committee Smokes Grasz”: At the National Review’s “Bench Memos” blog, Ed Whelan’s post appears in three parts, which you can access here, here, and here.

Posted at 11:44 PM by Howard Bashman



“Donnelly one of few Democrats to back Notre Dame professor for federal judge”: Maureen Groppe of The Indianapolis Star has this report.

Alex Swoyer of The Washington Times reports that “Senate confirms Amy Coney Barrett to bench; Democrats had questioned her ‘orthodox’ Catholic faith.”

And Jennifer Bendery of HuffPost reports that “Senate Confirms Judicial Nominee Who Questioned Roe v. Wade Decision; Even some Democrats voted for Amy Coney Barrett, who is now a judge on the U.S. Court of Appeals for the 7th Circuit.”

Posted at 11:40 PM by Howard Bashman



Programming note: After enjoying a most wonderful dinner in Pittsburgh last night with David Garrow, today I will be participating as a panelist in a Third Circuit-sponsored event titled “Judges and Journalists: Accuracy and Access” at Pittsburgh’s University Club.

Immediately following this event, I will be returning to the Philadelphia area, because tomorrow I am flying from Philadelphia to the west coast to take part in the 2017 Appellate Judges Education Institute Summit in Long Beach, California.

As a result, additional posts will not appear here until tonight. In the interim, appellate-related retweets are likely to appear on this blog’s Twitter feed. In addition, during the 2017 AJEI Summit, lots of additional appellate-related retweets will be appearing on this blog’s Twitter feed. If you don’t already follow this blog on Twitter, now would be the perfect time to do so.

Posted at 9:10 AM by Howard Bashman



“Salt Lake Mayor Jackie Biskupski opposes Colorado baker in Supreme Court case”: Dennis Romboy of The Deseret News has this report.

Posted at 8:47 AM by Howard Bashman



“Wisconsin Supreme Court candidate’s 1989 arrests for abortion protests provide window into his views”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 8:44 AM by Howard Bashman



“Supreme Court refuses to hear from man who wants to marry his laptop”: Alex Swoyer of The Washington Times has this report.

Posted at 8:40 AM by Howard Bashman



“Supreme Court Delves Into Semantics of English in a Capital Case”: Adam Liptak has this article in today’s edition of The New York Times.

Posted at 8:36 AM by Howard Bashman



Monday, October 30, 2017

“Bar Association declares Omaha attorney Steve Grasz ‘not qualified’ for 8th Circuit Court of Appeals seat”: Joseph Morton of The Omaha World-Herald has this report.

And Seung Min Kim of Politico.com reports that “ABA deems another Trump judicial nominee ‘not qualified’; Grasz is the second judicial nominee from Trump to get a ‘not qualified’ label from the bar association.”

The American Bar Association today issued this explanation for the rating.

Posted at 11:30 PM by Howard Bashman



“The Senate Is About To Confirm A Frenzy Of Conservative Judges; Four of Trump’s nominees to lifetime court seats are getting votes this week; Democrats oppose all of them”: Jennifer Bendery of HuffPost has this report.

Posted at 11:03 PM by Howard Bashman



Sunday, October 29, 2017

“A 40-Foot Cross Has Honored War Dead for 90 Years. Is It Unlawful?” Emily Baumgaertner of The New York Times has this report.

Posted at 9:56 PM by Howard Bashman



Saturday, October 28, 2017

“The 25th Amendment, What’s That? Rep. Jamie Raskin’s proposal to examine the president’s physical and mental aptitude.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

According to its description, the installment also includes a discussion “with ProPublica‘s Ryan Gabrielson about his recent reporting, which revealed that the high court tends to make staggering errors of fact in opinions.”

Posted at 10:00 PM by Howard Bashman



“Legacy of Chief Justice John Marshall: Legal scholars talked about John Marshall’s legacy and his influence in modern times.” C-SPAN has posted this video online.

Posted at 3:15 PM by Howard Bashman



“From Internet Sensation to Silence: Why Has Texas Supreme Court Justice Don Willett Stopped Tweeting?” John Council of Texas Lawyer has this report.

Posted at 3:00 PM by Howard Bashman



“Damon Keith marks 50 years as federal judge”: Oralandar Brand-Williams of The Detroit News has this report.

And Jeff Karoub of The Associated Press reports that “Judge recalls key rulings from his 50 years on federal bench.”

In addition, The Detroit News has posted online numerous essays commemorating this milestone, including essays written by Sixth Circuit Judge Eric L. Clay, U.S. District Judge Wilhelmina M. Wright, U.S. Representative John Lewis, former Detroit mayor Dennis Archer, Nate Conyers, Nolan Finley, and Rachel L. McDuffie.

Posted at 1:56 PM by Howard Bashman



“Seventh Circuit Takes Up Wisconsin’s ‘Cocaine Mom’ Law”: Lorraine Bailey of Courthouse News Service has this report on an oral argument that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard on Thursday. You can access the oral argument audio via this link (28.5 MB mp3 audio file).

In earlier coverage from July 2017, Andrew Chung of Reuters reported that “Supreme Court lifts block on Wisconsin ‘cocaine mom’ law during appeal.”

Posted at 1:40 PM by Howard Bashman



“Confederate emblem causes unequal treatment, attorneys argue”: Emily Wagster Pettus of The Associated Press has a report that begins, “Attorneys say in written arguments to the U.S. Supreme Court that the Confederate battle emblem on the Mississippi flag is ‘an official endorsement of white supremacy’ and lower courts were wrong to block a lawsuit challenging the flag.”

Posted at 1:06 PM by Howard Bashman



Friday, October 27, 2017

“D.C. Circuit Review — Reviewed: ‘Substantially For the Reasons Set Forth . . . .'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 11:04 PM by Howard Bashman



“Why Roy Moore’s Law-School Professor Nicknamed Him Fruit Salad”: Charles Bethea has this post online at The New Yorker.

Posted at 10:32 PM by Howard Bashman