How Appealing



Thursday, October 12, 2017

“Judicial ‘Blue Slips’ Give Single Senators Too Much Say; The filibuster for court nominees is gone; This custom can end too”: Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 11:30 PM by Howard Bashman



Eleventh Circuit Judge Kevin C. Newsom makes a strong case for prompt inclusion among my 13 favorite writers now serving in the federal appellate judiciary: For one reason or another, a couple of vacancies now exist on that list. Judge Newsom’s most recent published opinion issued today on behalf of a unanimous three-judge panel can be accessed here. If added to that list, Newsom would give the Eleventh Circuit three representatives, rivaling the Seventh Circuit back when it had Terence T. Evans in addition to Posner and Easterbrook.

A new Sixth Circuit judge with the initials ART is also very much in the running to join that list. And say what you will about the ideology (actual or perceived) of President Trump’s current federal appellate court nominees, but it seems indisputable that several more very talented writers are among that group.

Posted at 11:15 PM by Howard Bashman



“The radical ideology of this Trump nominee makes even the most conservative SCOTUS justices uneasy: It’s a nice government you have there; Would be a shame if someone breaks it.” Online at ThinkProgress, Ian Millhiser has an essay that begins, “Justice Don Willett is charming.”

Posted at 8:20 PM by Howard Bashman



“Justices Weigh Immunity for Corporations in Human Rights Cases Abroad”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “High court wrestles with law letting foreign citizens sue overseas firms.”

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Supreme Court Hears Arguments in Case Against Jordan’s Arab Bank; Justices consider an 18th Century statute authorizing foreigners to file cases in U.S. alleging violations of international law.”

Richard Wolf of USA Today reports that “Supreme Court divided over Mideast terrorism financing.”

Greg Stohr of Bloomberg News reports that “U.S. Supreme Court May Shield Companies From Human-Rights Lawsuits.”

Lawrence Hurley of Reuters reports that “U.S. justices question Arab Bank liability in militant attacks.”

And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post titled “Justice Gorsuch’s strange detour in Alien Tort Statute case.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Jesner v. Arab Bank, PLC, No. 16-499.

Posted at 8:04 PM by Howard Bashman