How Appealing



Sunday, October 8, 2017

“D.C. Circuit Review — Reviewed: ‘Most Things I Worry About.'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 10:48 AM by Howard Bashman



“‘Makeweight Excuses’ on Political Gerrymandering”: Kenneth Jost has this post at his blog, “Jost on Justice.”

Posted at 10:42 AM by Howard Bashman



Saturday, October 7, 2017

“‘Good reason’ no longer needed to carry a concealed gun in D.C.” Peter Jamison and Ellie Silverman of The Washington Post have this report.

Posted at 8:12 PM by Howard Bashman



“Videos from 2017 Ninth Circuit Judicial Conference Program Now Available”: If, like me, you were wondering when the U.S. Court of Appeals for the Ninth Circuit would post online the video of the programs from this summer’s judicial conference, I’m pleased to report that it has happened, as noted in this recent news release. All the videos can be accessed via this link.

Readers may recall that Justice Neil M. Gorsuch attended the conference in place of Justice Anthony M. Kennedy. Justice Gorsuch appears in the following videos: “Opening Ceremony and Naturalization Ceremony“: “2017 Ninth Circuit Civics Contest Award Winner Presentations“; and “Civics Education in the Ninth Circuit and Beyond: A Forum for Sharing New Ideas and Best Practices.”

Other videos from the conference that readers may find of interest include: “Korematsu: A Historical Overview“; “Supreme Court Review“; “One on One with the AO Director“; “Lies, Damn Lies, and the News? Fake News: What It Is, What It Means, and Why It Matters“; “Public Confidence in the Election Process“; and “May the Force Be With You: The Future of Science in the Courtroom.”

Just as the Ninth Circuit deserves tremendous accolades for posting video of its oral arguments online promptly, the Ninth Circuit has done a great service to lawyers and members of the general public who were unable to attend the Judicial Conference by making the Conference’s programming freely available online.

Posted at 7:45 PM by Howard Bashman



“How the Court Can Challenge Extreme Gerrymandering: The partisan design of electoral districts, aided by technology, can pose a threat to the very idea of self-government.” Law professor Cass R. Sunstein has this essay online at Bloomberg View.

Posted at 10:00 AM by Howard Bashman



“How Justice Kennedy Could Give Both Parties a Win: His theory of free speech could be used strike down partisan gerrymandering while upholding a cake baker’s right to discriminate.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 9:52 AM by Howard Bashman



Friday, October 6, 2017
Thursday, October 5, 2017

“Trump Administration Set to Roll Back Birth Control Mandate”: Robert Pear will have this article in Friday’s edition of The New York Times.

Posted at 10:20 PM by Howard Bashman



“Reforming Richard Posner: The Former Federal Judge Needs to Overhaul His Assessment of the Seventh Circuit’s Staff Attorney Program and Correct the Errors in His Book.” Zoran (Zoki) Tasic has posted this interesting article on Google Drive.

Posted at 8:47 PM by Howard Bashman



“Dear Senators: the Third Circuit’s shortage of women judges is a crisis.” Matthew Stiegler has this post at his “CA3blog.”

Posted at 8:14 PM by Howard Bashman



“The Supreme Court’s Gerrymandering Case and Strategies for Winning Justice Kennedy’s Vote”: Jeffrey Toobin has this post online at The New Yorker.

Posted at 4:58 PM by Howard Bashman



“Administration says Supreme Court should stop review of past travel bans”: Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that “Trump urges Supreme Court to drop travel ban case.”

Lawrence Hurley of Reuters reports that “Challengers urge Supreme Court to rule on Trump travel ban.”

And Zoe Tillman of BuzzFeed News reports that “The Trump Administration Wants The Supreme Court To Toss Orders That Blocked The Earlier Travel Ban.”

Posted at 4:26 PM by Howard Bashman



“U.S. court reverses ban on sale of Sanofi, Regeneron drug Praluent”: Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.

Update: Attorney Paul D. Clement argued the appeal for appellant, and if you want to be able to claim that Clement blinded you with science (added bonus, here’s the extended version) — discussing epitopes, antigens, amino acids, and more — you can access the oral argument audio via this link (12.4 MB mp3 audio file).

Posted at 1:24 PM by Howard Bashman



“Response to Richard Posner’s new book, by a former 7th Circuit staff attorney”: Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 10:35 AM by Howard Bashman



“I Heard the Voice of Scalia: Fans of the late Justice will treasure a new collection of his speeches.” Mark Pulliam has this post at the blog of the Library of Law and Liberty.

Posted at 9:52 AM by Howard Bashman



“Who Will Justice Kennedy Believe When It Comes to Gerrymandering?” David Daley has this post online at The New Yorker.

Posted at 9:48 AM by Howard Bashman



“Partisan Gerrymandering Got the Sotomayor Treatment: The justice has a knack for crafting simple, devastating questions; She was at her best in Gill v. Whitford.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 7:12 AM by Howard Bashman



Wednesday, October 4, 2017

“Gorsuch Joins Court’s Liberals Over Protections for Criminal Defendants; Case explores whether defendants give all rights to appeal after entering a plea bargain”: Jess Bravin will have this article in Thursday’s edition of The Wall Street Journal.

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Class v. United States, No. 16-424.

Posted at 10:20 PM by Howard Bashman



“Trump Judicial Nominees Get Tough Going Over From Hawaii’s Hirono”: Brandi Buchman of Courthouse News Service has this report.

Posted at 9:00 PM by Howard Bashman



“Justices recall their own partying days in case over policing and arrests”: Ann E. Marimow of The Washington Post has this report, along with an article headlined “This notorious house party made it all the way to the Supreme Court. It was hosted by a mystery woman named ‘Peaches.’

And Jessica Gresko of The Associated Press reports that “Raucous DC house party subject of Supreme Court case.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in District of Columbia v. Wesby, No. 15-1485.

Posted at 8:56 PM by Howard Bashman