How Appealing



Tuesday, December 12, 2017

“Jones wins in stunning Alabama upset”: Kim Chandler and Steve Peoples of The Associated Press have a report that begins, “In a stunning victory aided by scandal, Democrat Doug Jones won Alabama’s special Senate election on Tuesday, beating back history, an embattled Republican opponent and President Donald Trump, who urgently endorsed GOP rebel Roy Moore despite a litany of sexual misconduct allegations.”

Posted at 10:34 PM by Howard Bashman



“Brendan Dassey faces ‘longshot’ in getting his case to Supreme Court”: Andy Thompson of The Appleton (Wis.) Post-Crescent has this report.

Posted at 10:00 PM by Howard Bashman



“How Columbia and NYU Law Schools Position Graduates for US Supreme Court Clerkships; In the New York market, Columbia and NYU law schools have become a pipeline to the Supreme Court and often it is a result of the efforts of Chief Judge Robert Katzmann and the rest of the Second Circuit”: Susan DeSantis of the New York Law Journal has this report.

Posted at 9:48 PM by Howard Bashman



“Montreal native Richard Wagner named Supreme Court chief justice; Wagner is a self-declared advocate of judicial independence, once saying that ‘the judiciary is only accountable to the person subject to trial'”: Brian Platt of The Montreal Gazette has this report.

Sean Fine of The Toronto Globe and Mail reports that “Richard Wagner named new Supreme Court chief justice.”

Tonda MacCharles of The Toronto Star reports that “Justin Trudeau names Richard Wagner new chief justice of Canada; The Montreal-born Wagner, 60, a former commercial and civil law litigator and judge on Quebec’s trial and appeal courts, means Trudeau has opted to stick to the custom of rotating the plum chief justice job between common law and civil law judges.”

Kathleen Harris and Aaron Wherry of CBC News reports that “Quebec jurist Richard Wagner named next Supreme Court chief justice; Successor to Beverley McLachlin praised for wisdom, integrity and ‘collegial spirit.’

And The Canadian Press reports that “Justin Trudeau appoints Richard Wagner next Supreme Court chief justice; The current chief justice, Beverley McLachlin, is stepping down after 28 years on the court.”

Posted at 9:40 PM by Howard Bashman



“Omaha attorney Steve Grasz confirmed to seat on 8th Circuit Court, despite Democrats’ questions about his ability to be impartial”: Joseph Morton of The Omaha World-Herald has this report.

Don Walton of The Lincoln Journal Star reports that “Nebraska judicial nominee Grasz confirmed for appeals court on 50-48 vote.”

And Jennifer Bendery of HuffPost reports that “Senate Confirms Federal Judge Rated ‘Not Qualified’ To Serve; Republicans voted to put Leonard Steven Grasz onto a circuit court for life, despite his abysmal American Bar Association rating.”

Posted at 7:26 PM by Howard Bashman



“Can We Get Rid of Alex Kozinski? So far, the judge for the Ninth Circuit has shown no inclination of leaving in response to allegations brought by six women.” Columnist Vivia Chen has this essay online at The American Lawyer.

Posted at 5:55 PM by Howard Bashman



“Trump Is Suddenly Facing A Significant Republican Roadblock For Two Of His Judicial Nominees”: Zoe Tillman of BuzzFeed News has this report.

Posted at 5:15 PM by Howard Bashman



“HLS in the World (Opening Ceremony): Introduction of Justices and Remarks by Chief Justice Roberts.” Harvard Law School has posted this video on YouTube.

Posted at 5:10 PM by Howard Bashman



“Grassley urges Trump to reconsider controversial judicial picks”: Ted Barrett, David Shortell, and Ariane de Vogue of CNN.com have this report.

Posted at 3:07 PM by Howard Bashman



“Appeals panel upholds dismissal of defamation suit against Trump”: Julia Marsh of The New York Post has this report.

Chris Dolmetsch of Bloomberg News reports that “New York Court Upholds Dismissal of Defamation Suit Against Trump.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Donald Trump Wins Appeal Over Allegedly Defamatory Tweets; A New York appeals court won’t revive a lawsuit from political strategist Cheryl Jacobus, who, Trump wrote, ‘begged’ him for a job.”

You can access today’s ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.

Posted at 2:56 PM by Howard Bashman



“Being a Federal Appellate Judge Isn’t Quite as Glamorous as One Might Expect”: This month’s installment of my “Upon Further Review” column appears in today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

In a closely related development, I just received an email bearing the subject line “NOW you tell me” from someone who has served as a federal appellate judge for more than thirty years.

Posted at 2:40 PM by Howard Bashman



“ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld”: Amanda L. Tyler has this post at the “Lawfare” blog.

Posted at 1:50 PM by Howard Bashman



“Supreme Court clerks are not a particularly diverse lot”: Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 1:44 PM by Howard Bashman



“SF court cool to Trump administration attempt to quash youths’ climate suit”: Bob Egelko of The San Francisco Chronicle has this report.

Casey Tolan of The San Jose Mercury News reports that “Kids’ climate change lawsuit against Trump administration lands in San Francisco court.”

And Zahra Hirji of BuzzFeed News reports that “The Trump Administration Just Went To Court To Stop Kids From Suing Over Climate Change.”

The U.S. Court of Appeals for the Ninth Circuit has posted the video of yesterday’s oral argument on YouTube at this link.

Posted at 1:08 PM by Howard Bashman



“If Justice Kennedy thought Colorado was ‘neither tolerant nor respectful’ of a baker’s religious beliefs, how will he feel about California’s attack on pro-life pregnancy centers?” John Bursch has this guest post at “SCOTUSblog.”

Posted at 11:22 AM by Howard Bashman