How Appealing



Wednesday, December 6, 2017

On remand from the U.S. Supreme Court, Second Circuit panel sides with Justices Sotomayor and Alito and certifies meaning of New York statute at issue in Expressions Hair Design for definitive resolution by the New York State Court of Appeals: You can access today’s decision of the U.S. Court of Appeals for the Second Circuit at this link.

In agreeing to certify the issue to New York State’s highest court, the Second Circuit today followed the suggestion contained in the Justice Sonia Sotomayor’s opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined.

Posted at 11:06 PM by Howard Bashman



“U.S. 9th Circuit judges skeptical of Trump’s travel ban”: Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that “Lawyers face off in federal court over Trump’s latest travel ban.”

Tom James and Dan Levine of Reuters report that “U.S. appeals court hears arguments on Trump travel ban.”

Gene Johnson of The Associated Press reports that “Travel ban faces scrutiny from judges who blocked it before.”

And Zoe Tillman of BuzzFeed News reports that “An Appeals Court Just Heard Arguments On Trump’s Third Travel Ban.”

You can view the oral argument on YouTube via this link.

Posted at 10:15 PM by Howard Bashman



“Judging Roy Moore: A GOP victory in Alabama may be more costly than a defeat.” This editorial appears in today’s edition of The Wall Street Journal.

Posted at 9:42 PM by Howard Bashman



In the first oral argument after Masterpiece Cakeshop, the U.S. Supreme Court Justices are still discussing food: Today’s oral argument in Murphy v. Smith, No. 16-1067, turned out to be quite interesting. You can access the oral argument transcript at this link. You can access the food-related questioning directly via this link.

Posted at 8:50 PM by Howard Bashman



“Same-day silence from the Supreme Court on the wedding-cake case”: Columnist Michael McGough has this essay online at The Los Angeles Times.

Posted at 6:08 PM by Howard Bashman



“Securities class action defendants, law profs claim 2nd Circuit has run amok”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 4:58 PM by Howard Bashman



“Pace of confirmations gives McConnell chance to bask in wins”: Kevin Freking of The Associated Press has a report that begins, “The pace of confirmations for President Donald Trump’s judicial nominees has quickly become a source of pride for Senate Majority Leader Mitch McConnell and fellow Republicans while Democrats are ruing the day they changed the rules to make it easier to fast-track court picks.”

Posted at 4:48 PM by Howard Bashman



“Kennedy and his new constitutional dilemma”: Lyle Denniston has a blog post that begins, “Over the years, Justice Anthony M. Kennedy has become the Supreme Court’s most energetic defender of gay rights, one of its true devotees to free speech, and a sympathetic defender of religious believers. Now, a lengthy hearing before the Justices on Tuesday showed, he has to find a way to reconcile all three.”

And at “SCOTUSblog,” Mark Walsh has a post titled “A ‘view’ from the courtroom: Setting the table for a major ruling.”

Posted at 4:44 PM by Howard Bashman