“9th Circuit Rules There’s No Constitutional Right to Sell Firearms. Will the Supreme Court Care?” Mark Joseph Stern has this essay online at Slate.
Posted at 10:20 PM by Howard Bashman
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Wednesday, October 11, 2017
“9th Circuit Rules There’s No Constitutional Right to Sell Firearms. Will the Supreme Court Care?” Mark Joseph Stern has this essay online at Slate. Posted at 10:20 PM by Howard Bashman“Supreme Court Ruling Threatens to Derail Case Against Menendez”: Nick Corasaniti of The New York Times has this report. Posted at 9:36 PM by Howard Bashman“The Legal Resistance to President Trump: The thinly veiled legal revolt against President Trump playing out in the courts will set lasting and dangerous precedents.” Law professor Josh Blackman has this essay online at National Review. Posted at 8:52 PM by Howard Bashman“On Contraception, It’s Church Over State”: Linda Greenhouse has this essay online at The New York Times. Posted at 8:02 PM by Howard Bashman“How Trump Uses ‘Religious Liberty’ to Attack L.G.B.T. Rights”: Masha Gessen has this post online at The New Yorker. Posted at 7:46 PM by Howard Bashman“Grassley not planning to change ‘blue slip’ procedure for judicial nominees”: Ted Barrett of CNN.com has this report. Posted at 7:04 PM by Howard Bashman“2017 U.S. Supreme Court Preview”: UC Irvine School of Law has posted this video on YouTube featuring law professors Jennifer Chacon, Leah Litman, and Rick Hasen. Posted at 4:32 PM by Howard Bashman“U.S. Supreme Court to hear Georgia-Florida water rights case”: Tamar Hallerman and Greg Bluestein of The Atlanta Journal-Constitution have this report. Tyler Estep of The Atlanta Journal-Constitution has an article headlined “Gov. Deal on Supreme Court water case: Georgia has ‘a good story to tell.’” And Lloyd Dunkelberger of the News Service of Florida reports that “U.S. Supreme Court wades into Florida-Georgia water war.” Posted at 4:18 PM by Howard Bashman“Texas nominee for federal court at odds with Trump on birthright citizenship; Last month, President Donald Trump said he is nominating Dallas attorney James Ho to the U.S. 5th Circuit Court of Appeals; Years of his writing show a strong interest by Ho in the thorny issue of birthright citizenship”: Emma Platoff of The Texas Tribune has this report. Posted at 4:08 PM by Howard Bashman“Mitch McConnell Is Keeping The Senate Rule That Lets Dems Block Trump’s Judges; The GOP leader may not personally be a fan of blue slips, but he’s not getting rid of them, says his spokesman”: Jennifer Bendery of HuffPost has this report. Just a few minutes before that HuffPost report appeared online, Burgess Everett and Seung Min Kim of Politico.com reported that “McConnell ratchets up judicial wars — again; The Senate leader wants to end the long-running practice of giving home-state senators sign-off on court nominees.” Posted at 4:05 PM by Howard Bashman“Companies Ask Supreme Court to Hear Gay-Rights Case; Apple, Cigna among dozens of businesses at odds with Trump administration’s view”: Jess Bravin of The Wall Street Journal has this report. Posted at 3:54 PM by Howard Bashman“Supreme Court 2016 Statutory Term in Review: Perry v. MSPB, Punctuating Adverbial and Adjectival Phrases, and the Beach Boys.” Asher Steinberg has this lengthy but interesting post at his “The Narrowest Grounds” blog. Posted at 3:50 PM by Howard BashmanTuesday, October 10, 2017
Programming note: On Wednesday morning, I will be rearguing an appeal before a three-judge panel of the Superior Court of Pennsylvania. I originally argued this appeal on February 2, 2016, and I posted my client’s Brief for Plaintiff-Appellee in the case (the second of two cases I was arguing that day before the same three-judge panel) in this earlier post. The original three-judge panel announced that it was deadlocked on May 1, 2017 after one of the three judges on the panel recused himself. The recusal and the deadlock were disclosed simultaneously that day. Arguing against me on appeal — as he has in many high-value appeals in which I have been fortunate to represent the prevailing plaintiff — is Dechert attorney Robert C. Heim, a leader of Philadelphia’s corporate defense bar in cases of great importance. Being good lawyers themselves, Heim and his colleagues can be counted on to recognize and pursue the strongest arguments available to their client on appeal. In this case, the defendant-appellant’s principal arguments are that the trial judge as finder-of-fact issued findings that lack support in the evidence and that the trial judge was biased against the defendant and insurance companies in general. The outcome of the appeal, some 20 months after its original oral argument, remains to be decided. As a result of my oral argument on Wednesday morning, additional posts will appear here on Wednesday afternoon. Posted at 10:42 PM by Howard Bashman“Federal judge panel upholds Alameda County’s controversial gun ordinance”: David DeBolt of The East Bay Times has this report. And Nick McCann of Courthouse News Service reports that “2nd Amendment Doesn’t Include Right to Sell Guns, Full 9th Circuit Rules.” You can access today’s ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 10:10 PM by Howard Bashman“Court reinstates family’s lawsuit against deputy who fatally shot man in Eloy”: Howard Fischer of The Arizona Daily Star has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 10:02 PM by Howard Bashman“But none of this matters because California doesn’t have a death penalty.” So writes Circuit Judge Alex Kozinski in a dissent from a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 9:54 PM by Howard Bashman“An Even More Insidious Kind of Gerrymandering: In North Carolina, Republicans want to use redistricting to kick Democrats off the courts.” Mark Joseph Stern has this jurisprudence essay online at Slate. Posted at 9:16 PM by Howard Bashman“In victory for Trump, Supreme Court dismisses travel ban case”: Richard Wolf and Gregory Korte of USA Today have this report. Adam Liptak of The New York Times reports that “Supreme Court Dismisses Appeal of Case on Expired Travel Ban.” Robert Barnes of The Washington Post reports that “Supreme Court dismisses case against Trump’s expired travel ban.” Mark Sherman of The Associated Press reports that “Supreme Court dismisses 1 of 2 travel ban cases.” Lawrence Hurley of Reuters reports that “Supreme Court tosses one of two travel ban challenges.” Greg Stohr of Bloomberg News reports that “High Court Dismisses One Trump Travel Ban Case, May Drop Second.” And Ariane de Vogue of CNN.com reports that “Supreme Court dismisses one of two travel ban cases.” You can access this evening’s order of the U.S. Supreme Court at this link. Posted at 9:00 PM by Howard Bashman“How Appealing Still Appeals”: This blog and its author are the subject of the alumni profile written by Andrew Faught contained in the Fall 2017 issue of Emory Lawyer magazine, an issue whose cover features an image from the law school’s recent Centennial Gala. Posted at 7:18 PM by Howard Bashman“Attorneys in the Clutch”: Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 3:33 PM by Howard Bashman“McConnell tries to defuse conservative anger over stalled judicial nominations”: Seung Min Kim and Burgess Everett of Politico.com have this report. Posted at 11:00 AM by Howard BashmanAccess today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in one case. Posted at 9:38 AM by Howard BashmanMonday, October 9, 2017
“The Strange Case of Puerto Rico: How a series of racist Supreme Court decisions cemented the island’s second-class status.” Doug Mack has this essay online at Slate. Posted at 11:16 PM by Howard Bashman“Holding Prosecutors Accountable Is Hard. It Could Get Harder.” Alan Feuer has this article in today’s edition of The New York Times. Posted at 9:33 PM by Howard Bashman“Should Trump DOJ get a mulligan on 4th, 9th Circuit travel ban opinions?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post. Posted at 9:16 PM by Howard Bashman“Confronting Crawford: Justice Scalia, the Judicial Method, and the Limits(?) of Originalism.” Law professor Gary S. Lawson has posted this paper on SSRN (via “Legal Theory Blog“). Posted at 1:36 PM by Howard Bashman“Compelled Association: If the Supreme Court thinks nonmembers can’t be compelled to pay union fees, then unions can’t be compelled to represent nonmembers.” Daniel Horwitz has this jurisprudence essay online at Slate. Posted at 1:30 PM by Howard Bashman“Will the Supreme Court Unravel Public Employee Unions? The conservative justices seem eager to deal a fatal blow to one of the major constituencies of the Democratic Party.” Law professor Garrett Epps has this essay online at The Atlantic. Posted at 8:20 AM by Howard Bashman“OT2017 #2: ‘Who is the River Master?'” You can access today’s new episode of the “First Mondays” podcast, featuring Ian Samuel and Dan Epps, via this link. Posted at 8:14 AM by Howard Bashman“Facing the Death Penalty With a Disloyal Lawyer”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times. Posted at 8:12 AM by Howard BashmanSunday, October 8, 2017
“Satanist wins transfer of her abortion rights case to the Missouri Supreme Court”: Max Londberg of The Kansas City Star has this report. Posted at 10:28 PM by Howard Bashman“These Are the Only Two Photos of the US Supreme Court in Session”: Michael Zhang has this post at PetaPixel. Posted at 10:24 PM by Howard Bashman“Partisan Gerrymanders Aren’t Intentional Viewpoint Discrimination (or Any Other Type of Discrimination)”: Asher Steinberg has this post at his blog, “The Narrowest Grounds.” Posted at 7:55 PM by Howard Bashman“Supreme Court ponders if lawyer can concede client’s guilt when accused claims innocence”: Robert Barnes of The Washington Post has this report. Posted at 7:44 PM by Howard Bashman“The Letter and the Spirit: A Unified Theory of Originalism.” Law professor Randy E. Barnett and Evan D. Bernick have posted this article on SSRN. Posted at 7:42 PM by Howard Bashman |
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