The 2017 AJEI Summit in Long Beach, California has concluded: As always, it was wonderful seeing so many friends and colleagues at the AJEI Summit. The panel that I moderated was a success thanks to my wonderful panelists judging from the crowd of people who attended and the reviews expressed to the Summit’s organizers. I’m looking forward to seeing everyone again next November in Atlanta.
I will be making my way back east eventually, but first . . . .
“Following Trump’s Lead, Republicans Grow Quiet on Guantanamo”: Charlie Savage and Adam Goldman have this front page article in today’s edition of The New York Times.
“Tax Overhaul Bears Gifts for Conservatives, Including Rights for ‘Unborn'”: Jeremy W. Peters and Deborah Solomon have this article in today’s edition of The New York Times.
“The Supreme Court should strike down the death penalty”: Law professor Laurence H. Tribe has this essay online at The Washington Post.
“D.C. Circuit Review — Reviewed: ‘How to Effectively Ensure Power is Not Abused?'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“Federal judge blocks military judge from having U.S. marshals seize defense attorney”: Carol Rosenberg of The Miami Herald has this report.
In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Pentagon Releases Marine General Held at Guantanamo in Military Commissions Dispute; Guantanamo Bay lawyer had been sentenced to 21 days’ detention by a military judge angry that he allowed civilian defense attorneys to resign from a case.”
And in commentary, online at Slate, Phillip Carter has an essay titled “Guantanamo Is Where Justice Goes to Die: A judicial meltdown this week shows why it is the wrong place to prosecute a terrorist — or anyone else.”
“Meet the Texas Lawyer Who Helped an Undocumented Teen Fight for an Abortion”: Cristian Farias has this post at The Cut.
And online at Slate, Dahlia Lithwick and Mark Joseph Stern have an essay titled “The Justice Department Declares War on Attorneys Who Dare to Oppose the Trump Administration.”
“Supreme Court 2017 Statutory Term in Preview: Definitional ‘Ambiguity’ in Digital Realty Trust, Inc. v. Somers, Part 1.” Asher Steinberg has this post at his blog, “The Narrowest Grounds.”
“Justice Department Accuses A.C.L.U. of Misconduct in Abortion Case”: Adam Liptak of The New York Times has this report.
Robert Barnes and Ann E. Marimow of The Washington Post report that “Trump administration suggests possibility of disciplinary action against ACLU lawyers in abortion case.”
David G. Savage of The Los Angeles Times reports that “Trump administration asks Supreme Court to punish ACLU lawyers who helped teen migrant get abortion.”
Kevin Johnson of USA Today has an article headlined “DOJ: ACLU ‘misled’ government in immigrant abortion case.”
Alex Swoyer of The Washington Times reports that “DOJ petitions Supreme Court, accuses ACLU of lying in illegal minor’s abortion case.”
And Zoe Tillman of BuzzFeed News reports that “The Justice Department Wants To Get Rid Of Court Orders That Allowed An Undocumented Teen To Get An Abortion.”
You can access the federal government’s petition for writ of certiorari at this link.
“Trump Judicial Nominees Oppose the Trump Administration on Civil Asset Forfeiture and Birthright Citizenship; In the 5th Circuit, it’s shaping up to be Trump vs. Trump’s judicial picks”: Damon Root has this post at Reason.com’s “Hit & Run” blog.
“At current pace, Democrats can draw out debate for 8 weeks on Trump’s circuit court nominees”: Alex Swoyer of The Washington Times has an article that begins, “The Senate spent this entire week confirming just five of President Trump’s circuit court picks. At that rate, it would take nearly eight weeks of working every day and doing nothing else — no tax overhaul, no year-end spending bills, no debt increase, no Children’s Health Insurance Program extension — to confirm the 47 other judicial nominees the president has pending.”
“Senate confirms Penn professor for Third Circuit appeals court”: Robert Moran of The Philadelphia Inquirer has this report.
Jesse Paul of The Denver Post reports that “Senate confirms Allison Eid to replace Neil Gorsuch on powerful Denver federal appeals court; The vote was 56-41, with just four Democrats — including Michael Bennet — in support.”
And Alex Swoyer of The Washington Times reports that “Senate confirms two more federal judges, bringing total to five this week.”
“Delaware Supreme Court mulls allowing do-over derivative suits”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Free speech v. same-sex marriage case floods high court”: Richard Wolf of USA Today has this report.
“The Supreme Court Has An Ethics Problem: Justices on the high court don’t have to follow the same code of conduct as they do in lower courts; That needs to change.” U.S. Senator Elizabeth Warren (D-MA) has this essay online at Politico Magazine.
“In rare interview, Clarence Thomas calls Gorsuch ‘outstanding'”: Ariane de Vogue of CNN.com has this report.
Fox News has posted on YouTube video segments titled “Clarence Thomas: Court is very different without Scalia” and “Clarence Thomas: Important to be exposed to range of ideas.”
“Winning on Appeal in the U.S. Supreme Court”: At NITA’s “The Legal Advocate” blog, Marsi Buckmelter has a post that begins, “This morning in Washington, D.C., NITA author and Fifth Circuit Judge Leslie H. Southwick met with United States Supreme Court Associate Justice Samuel A. Alito, Jr. to hand-deliver a signed copy of Winning on Appeal: Better Briefs and Oral Argument, updated this summer by Judge Southwick and Professor Tessa L. Dysart of the University of Arizona James E. Rogers College of Law.”
“Review: The Justice On His Soapbox: The late Antonin Scalia venerated George Washington as his favorite founding father, a man of ‘honor’ and ‘steady determination.'” In today’s edition of The Wall Street Journal, law professor John F. Duffy has this review of “Scalia Speaks: Reflections on Law, Faith, and Life Well Lived.”
“Resigned USS Cole case lawyers to defy war court judge’s order — again”: Carol Rosenberg and Kate Irby of The Miami Herald have this report.
And Josh Gerstein of Politico.com reports that “D.C. Judge rejects bid to halt Guantanamo tribunal over defense lawyers’ revolt; General sentenced to 21 days for contempt by military judge asks civilian court to step in.”
“Deputy who shot, stomped a downed suspect can be sued for excessive force, appeals court rules”: Maura Dolan of The Los Angeles Times has this report.
CBS Los Angeles reports that “Judges Rule Deputy Can Be Sued For Using Excessive Force In Fatal 2013 Shooting.”
And Matthew Renda of Courthouse News Service reports that “9th Circuit Revives Suit Over OC Police Killing.”
In earlier coverage, back in July 2014, Eric Hartley of The Orange County Register reported that “Mom sues over knife-wielding son’s death by sheriff’s deputy.”
Circuit Judge Alex Kozinski wrote yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.
“Trump’s opponents race to the courthouse to thwart him”: Lawrence Hurley and Andrew Chung of Reuters have this report.
“U.S. Senate confirms appointment of Joan Larsen to federal appeals court”: Paul Egan of The Detroit Free Press has this report.
Melissa Nann Burke of The Detroit News reports that “Senate confirms Michigan’s Larsen for appeals court.”
Lauren Gibbons of MLive.com reports that “Michigan Supreme Court Justice Joan Larsen confirmed to U.S. 6th Circuit Court.”
Alex Swoyer of The Washington Times reports that “Senate confirms Justice Joan Larsen for 6th Circuit.”
And Jennifer Bendery of HuffPost reports that “Senate Confirms Trump Judge Opposed By 27 LGBTQ Rights Groups; Eight Democrats voted for Joan Larsen, who will now sit on the U.S. Court of Appeals for the 6th Circuit.”
“Republicans Want To Change The Rules To Let Trump Reshape The Judiciary ASAP; Trump’s judicial nominees are clearing the Senate, but Republicans want the process to move faster”: Zoe Tillman of BuzzFeed News has this report.
“Court will hear Trump’s appeal over rally assault suit”: Josh Gerstein of Politico.com has this blog post about a ruling that a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
“L. Steven Grasz — Nominee to the U.S. Court of Appeals for the Eighth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Appeals court nominee Grasz assures senators he would follow court precedent”: Don Walton of The Lincoln (Neb.) Journal Star has this report.
Joseph Morton of The Omaha World-Herald reports that “Senate Judiciary panel splits along party lines over Omaha attorney Steve Grasz’s nomination to 8th U.S. Circuit Court.”
Alex Swoyer of The Washington Times reports that “American Bar Association refers to conservatives as ‘you people’ when rating Trump’s judicial pick.”
And Andrew Chung of Reuters reports that “Republicans defend Trump court pick rated ‘not qualified.’”
The Senate Judiciary Committee has posted the video of today’s confirmation hearing for judicial nominees at this link.
“Robert Alt for the Sixth Circuit Is What Conservatives Need Nationwide”: Ken Blackwell has this essay on Breitbart.
And at National Review’s “The Corner,” Quin Hillyer has a post titled “Alt for Sixth Circuit.”
Robert Alt is a longtime “How Appealing” reader, from time to time in the past he has exchanged emails with this blog’s author, and over the many years that this blog has been in existence I have linked to his writings on multiple occasions.
“Guantanamo judge orders contempt hearing to try to end defense revolt at war court”: Carol Rosenberg of The Miami Herald has this report.
Greetings from Long Beach, California: Where on Thursday afternoon, the 2017 Appellate Judges Education Institute Summit begins.
I am not staying at the event hotel this year. Instead, I’m staying at a hotel that’s a few blocks away. As luck would have it, there’s plenty to do located just down the road from my hotel, so I definitely made a good choice in that regard.