How Appealing



Wednesday, October 25, 2017

“Will Democrats Lose Their Last Tool to Block Trump’s Worst Judicial Nominees?” Jeffrey Toobin has this post online at The New Yorker.

Posted at 10:28 PM by Howard Bashman



“Why Rely on the Fourth Amendment To Do the Work of the First?” Alex Abdo has this post at The Yale Law Journal Forum.

Posted at 9:52 PM by Howard Bashman



“Constitutional Conservatives for Defrocked Judges: Ted Cruz joins Rand Paul and Mike Lee in enthusiastically endorsing lawless jurist Roy Moore.” Matt Welch has this post at Reason’s “Hit & Run” blog.

Posted at 9:48 PM by Howard Bashman



“The Democrats’ Next Supreme Court Nominee: Meet Patricia Millett, the hero of the Jane Doe abortion case and a worthy successor to Ruth Bader Ginsburg.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 8:20 PM by Howard Bashman



“3 Third Circuit judges will speak at Judges and Journalists program in Pittsburgh”: Matthew Stiegler has this post at his “CA3blog” about a program taking place in Pittsburgh next Tuesday. As Stiegler’s post notes, among the presenters is “some guy named Howard Bashman.”

Any “How Appealing” readers who attend the program should be sure to say hello. I will be arriving in Pittsburgh on Monday evening to grab dinner with a long-time “How Appealing” reader who also happens to be a Pulitzer prize-winning historian.

Posted at 8:12 PM by Howard Bashman



Access online the audio from my Second Circuit oral argument today in a federal sentencing appeal: You can access the oral argument audio via this link (27.3 MB mp3 oral argument audio). I previously linked to the appellate briefs that I filed on my client’s behalf in this earlier post.

After the argument, a person in the audience came up to say hello and mentioned that he decided to attend the oral argument — and bring along his mom too(!) — after reading on this very blog that I was arguing an appeal at the Second Circuit this morning. Of course, I was a little bit jealous because I cannot even entice my own mother to attend my appellate oral arguments. And my son, who is attending law school in Manhattan (indeed, he is at the same law school from which one of the three judges on my panel graduated) could not even attend my oral argument because his first class this morning began at 11 a.m. Lest you worry that this “How Appealing” reader wasted his valuable time this morning attending an oral argument that he could have just as easily listened to online, attending in-person did confer one benefit, which is that both he and his mom got to see and hear an oral argument occurring earlier this morning whose audio the panel agreed to seal and thus won’t be made publicly available.

Before leaving the courthouse, I had hoped to say hello to an acquaintance who is now a federal district judge with chambers in the same building in which my oral argument took place, but there is no confirmation she even saw my email asking if she was available for me to say hello, which I sent to her supposedly evergreen college email account. Perhaps next time I will just call.

Lastly, although I was nowhere near the Fifth Circuit’s headquarters in New Orleans, after my oral argument I grabbed a tasty lunch at a nearby Cajun restaurant. And now I’m back home, where I will await the court’s ruling with interest.

Posted at 6:02 PM by Howard Bashman