How Appealing



Thursday, November 9, 2017

“Trump lawyer moves closer to becoming a circuit judge”: Alex Swoyer of The Washington Times has an article that begins, “The Judiciary Committee voted Thursday to approve Greg Katsas, one of President Trump’s White House lawyers, for a spot on the U.S. Circuit Court of Appeals in Washington, D.C., overcoming complaints from Democrats who said they feared putting a Trump ally on the court that decides many big federal law cases.”

And Tim Ryan of Courthouse News Service reports that “GOP Senators Push Divisive Judicial Nominees Toward Confirmation.”

Posted at 8:26 PM by Howard Bashman



“How Donald Trump Is Remaking the Federal Courts in His Own Image: The president’s judicial nominees have been notably white, male, and conservative.” Kate Harloe has this report online at Mother Jones.

Posted at 8:17 PM by Howard Bashman



“The SG’s Remarkable Cert. Petition in Hargan v. Garza, the ‘Jane Doe’ Abortion Case”: Marty Lederman has this post at the “Balkinization” blog.

Ed Whelan responds in two posts (here and here) at National Review’s “Bench Memos” blog.

Posted at 8:12 PM by Howard Bashman



Wednesday, November 8, 2017

“Patchak v. Zinke Oral Argument Recap, and a Couple Suggestions on What the Court Should Do with ‘and Shall Be Promptly Dismissed’ in the Gun Lake Act”: Asher Steinberg has this post at his blog, “The Narrowest Grounds.”

You can access the transcript of yesterday’s U.S. Supreme Court oral argument in the case at this link.

Posted at 11:32 PM by Howard Bashman



“Swing Justice John Roberts: If he follows his own precedents, the chief justice will vote to protect gay couples from discriminatory cake-makers.” David H. Gans has this jurisprudence essay online at Slate.

Posted at 11:22 PM by Howard Bashman



“Elizabeth L. ‘Lisa’ Branch — Nominee to the U.S. Court of Appeals for the Eleventh Circuit”: Daniel B. Tilley has this blog post at “The Vetting Room.”

Posted at 11:20 PM by Howard Bashman



Tuesday, November 7, 2017

Programming note: On Wednesday, I will be flying home from southern California. As a result, additional posts will appear here on Wednesday night.

In the interim, as often while I am traveling, additional appellate-related retweets likely will appear on this blog’s Twitter feed.

Posted at 11:54 PM by Howard Bashman



“Weinstein Work Pulls Lawyer Back Into an Ethical Debate”: In Wednesday’s edition of The New York Times, Matthew Goldstein and Adam Liptak will have an article that begins, “David Boies may be best known for taking on nationally prominent political cases before the Supreme Court, including Bush v. Gore and the fight to legalize gay marriage.”

And in commentary, online at Slate, Dahlia Lithwick and Mark Joseph Stern have a jurisprudence essay titled “Bad Boies: The renowned liberal attorney threw ethics out the window to help Harvey Weinstein.”

Posted at 11:23 PM by Howard Bashman



Things to do when spending a few extra days in southern California — Having dinner with Denise Howell, who made the “How Appealing” blog possible: As a Wikipedia entry recounts, Denise Howell’s “blog, Bag and Baggage, started in 2001, was one of the first law-related blogs.” That resulted in her being an appellate lawyer who had a blog, allowing me to realize that such a thing was in fact possible when I decided to launch this blog in May 2002.

Denise’s blog lasted until 2013, when she decided to focus even more intently on being a tech-focused TV star.

The role that Denise’s pioneering law blogging played in my decision to launch “How Appealing” is recounted in this write-up of a talk that I gave at the Moritz Law School (Ohio State University) on March 13, 2006. It was wonderful to enjoy a delicious dinner with Denise in Newport Beach, California last night.

Posted at 6:44 PM by Howard Bashman



“Jeff Sessions’ DOJ Drops Prosecution Of Woman Who Laughed At Jeff Sessions; Desiree Fairooz was set to face her second trial in connection with her arrest for laughing during Sessions’ confirmation hearing for attorney general”: Ryan J. Reilly of HuffPost has this report.

Posted at 6:22 PM by Howard Bashman



“ACLU intensifying fight in the age of Trump; Leader says fight over immigrant’s abortion shows need”: Gabrielle Banks of The Houston Chronicle has this report.

Posted at 11:58 AM by Howard Bashman



“Justices Allow Execution of Inmate Who Cannot Recall His Crime”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes reports that “Supreme Court won’t stop execution of man who can’t remember murder.”

Richard Wolf of USA Today reports that “Supreme Court upholds death sentence for man who can’t remember his crime.”

Alex Swoyer of The Washington Times reports that “Supreme Court upholds death penalty for murderer who can’t remember his crime.”

Ivana Hrynkiw of AL.com reports that “Supreme Court rules Alabama death row inmate can be executed.”

Andrew Chung of Reuters reports that “Supreme Court reverses ruling sparing killer who forgot the crime.”

And The Associated Press reports that “Supreme Court removes obstacle to executing Alabama inmate.”

Posted at 11:54 AM by Howard Bashman



Monday, November 6, 2017

“Where to Draw Line on Free Speech? Wedding Cake Case Vexes Lawyers.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 12:36 PM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

The Court did, however, issue two per curiam opinions — the first two merits rulings of the new Term.

In Dunn v. Madison, No.17-193, the Court issued a unanimous per curiam reversal of the U.S. Court of Appeals for the Eleventh Circuit. Justice Ruth Bader Ginsurg issued a concurring opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined. And Justice Breyer issued a concurring opinion.

And in Kernan v. Cuero, No. 16-1468, the Court issued a unanimous per curiam reversal of the U.S. Court of Appeals for the Ninth Circuit.

Posted at 10:52 AM by Howard Bashman



“Google Convinces U.S. Court That Canadian Ruling Threatens Free Speech Globally; The tech giant gets injunctive relief in the latest round of the Equustek dispute, but does the ruling mean anything?” Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 1:04 AM by Howard Bashman



“Pentagon’s war crimes prosecutor begins a media blackout at Guantanamo”: Carol Rosenberg of The Miami Herald has this report.

Posted at 1:02 AM by Howard Bashman



“Name Dropping in Oral Argument”: Adam Feldman has this post at his “Empirical SCOTUS” blog. It was wonderful to have Adam participating as a panelist on my “Courts in the Age of New Media” panel at the just-concluded 2017 AJEI Summit.

Posted at 1:00 AM by Howard Bashman



“What If a Tyrant Can’t Be Booted Out of Office? The Constitution’s founders did not fully anticipate the rise of the party system.” Law professor Cass R. Sunstein has this essay online at Bloomberg View.

Posted at 12:46 AM by Howard Bashman