How Appealing



Wednesday, December 20, 2017

“Democrats slam ‘bad’ Trump judicial nominees, but they don’t like the good ones either”: Columnist Michael McGough has this essay online at The Los Angeles Times.

Posted at 11:15 AM by Howard Bashman



“US drops effort to block young immigrant from getting abortion”: Ariane de Vogue of CNN.com has this report.

And Zoe Tillman and Ema O’Connor of BuzzFeed News report that “Two Young Undocumented Women Will Be Able To Get Abortions After The Department Of Justice Dropped Challenges; The ACLU says it will continue to challenge the Trump administration’s contention that it has authority to stop undocumented teens in US custody from getting abortions.”

Posted at 11:00 AM by Howard Bashman



“The strange case of the disappearing oral argument videos”: Matthew Stiegler has this post at his “CA3blog.”

Posted at 9:18 AM by Howard Bashman



“There’s More Than One Kind of Workplace Civility; The sexual harassment scandal is changing social norms; Let the new ones respect human variety”: Online at Bloomberg View, Virginia Postrel has an essay that begins, “The #MeToo cascade has now claimed a federal judge. Alex Kozinski, a colorful and influential libertarian jurist on the Ninth Circuit Court of Appeals, has stepped down amid allegations that he showed female clerks pornography, made workplace comments about having sex, and on some occasions groped female colleagues.”

Posted at 9:12 AM by Howard Bashman



“‘He’s not weak, is he?’: Inside Trump’s quest to alter the judiciary.” Philip Rucker, Josh Dawsey, and Ashley Parker have this front page article in today’s edition of The Washington Post.

Posted at 9:03 AM by Howard Bashman



“Two undocumented pregnant teens in custody appear on track to obtain abortions”: Ann E. Marimow of The Washington Post has this report.

Posted at 9:00 AM by Howard Bashman



Tuesday, December 19, 2017

“Appeals court expands public access to oral arguments with live audio streaming”: Ann E. Marimow of The Washington Post has an article that begins, “In a move to increase public access and transparency in the court system, a federal appeals court in Washington announced Tuesday that it will live stream audio of any oral argument upon request.”

You can access today’s announcement of the U.S. Court of Appeals for the D.C. Circuit at this link.

This wonderful new policy is likely to result, in practice, in the live-streaming of all D.C. Circuit oral arguments except for those rare appeals presenting “case-specific confidentiality concerns.”

If the so-called second-highest court in the land is willing of its own volition to adopt such a policy, one might hope that the highest court in the land won’t be too far behind.

Posted at 10:24 AM by Howard Bashman



“Alex Kozinski’s retirement doesn’t end the discussion about sexual harassment in the judiciary”: The Los Angeles Times has published this editorial.

Posted at 10:18 AM by Howard Bashman



Monday, December 18, 2017

“Trump talked about rescinding Gorsuch’s nomination”: Ashley Parker, Josh Dawsey, and Robert Barnes of The Washington Post have this report.

Posted at 9:36 PM by Howard Bashman



“Statehouse Beat: Supreme Court justice paid $10,000 for outside opinion.” Columnist Phil Kabler of The Charleston (W. Va.) Gazette-Mail has an essay that begins, “A couple of weeks ago, I wrote about how the state Supreme Court, at the request of Justice Beth Walker, had paid $21,502 to have a Dallas lawyer/author fly in July 28 and give a one-day seminar for new law clerks on how to write opinions.”

Posted at 8:30 PM by Howard Bashman



“Can privacy trump First Amendment in Iowa Supreme Court case v. Des Moines Register?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:00 PM by Howard Bashman



“9th Circuit Judge Alex Kozinski steps down after accusations of sexual misconduct”: Maura Dolan of The Los Angeles Times has this report.

Sarah Ravani of The San Francisco Chronicle reports that “Federal Judge Kozinski retires as sexual misconduct inquiry launched.”

Niraj Chokshi of The New York Times reports that “Federal Judge Alex Kozinski Retires Abruptly After Sexual Harassment Allegations.”

Richard Wolf of USA Today reports that “Prominent federal appeals court judge accused of sexual harassment retires.”

Alex Swoyer of The Washington Times reports that “U.S. 9th Circuit judge resigns after sexual misconduct allegations.”

Regina F. Graham of The Daily Mail (UK) reports that “Prominent 9th Circuit Judge Alex Kozinski announces immediate retirement after 15 women accuse him of sexual misconduct including one who says he grabbed her breasts in a car.”

Reuters reports that “U.S. appeals judge steps down amid harassment inquiry.”

Dan Berman and Laura Jarrett of CNN.com report that “Judge Alex Kozinski, accused of sexual misconduct, resigns.”

And Marina Fang of HuffPost reports that “Federal Judge Announces Retirement After Sexual Misconduct Allegations; At least 15 women have said Judge Alex Kozinski groped them, made inappropriate sexual comments, and/or showed them pornography.”

Posted at 1:34 PM by Howard Bashman



“A Better Way to Give Trump More Judgeships to Fill: More than 100 Republican appointees have the option of assuming ‘senior status.'” Law professor Josh Blackman has this essay online at National Review.

Posted at 10:45 AM by Howard Bashman



“Federal appeals judge announces immediate retirement amid investigation prompted by accusations of sexual misconduct”: Matt Zapotosky of The Washington Post has an article that begins, “Alex Kozinski, the powerful judge on the U.S. Court of Appeals for the 9th Circuit who was facing a judicial investigation over allegations that he subjected 15 women to inappropriate sexual behavior, announced Monday that he would retire effective immediately.”

Posted at 9:44 AM by Howard Bashman



“Across the Atlantic, Another Supreme Court Case on Cake and Gay Rights”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

My earlier coverage of the Ireland case can be accessed here.

Posted at 9:05 AM by Howard Bashman



“Another Escalation in the Judicial War: What will happen when a Senate majority votes in unison against every presidential nominee?” Ilya Shapiro has this essay online at The Wall Street Journal.

Posted at 9:02 AM by Howard Bashman



“Should wanting to see the Supreme Court require nights on the sidewalk?” Robert Barnes has this article in today’s edition of The Washington Post.

Posted at 8:53 AM by Howard Bashman



Sunday, December 17, 2017

“When I Bake My Masterpiece: Understanding the Justices’ Positions in Masterpiece Cakeshop Based on Oral Arguments.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 10:42 PM by Howard Bashman



Saturday, December 16, 2017

“Why Texas’ ‘death penalty capital of the world’ stopped executing people”: Phil McCausland of NBC News has this report.

Posted at 1:57 PM by Howard Bashman



“Money Is Flowing Into State Supreme Court Races, Study Says”: Carrie Johnson had this audio segment on this past Thursday’s broadcast of NPR’s “Morning Edition.”

Posted at 1:15 PM by Howard Bashman



“Beverley McLachlin’s final minutes at the Supreme Court: The chief justice who redefined the job and left a lasting mark on Canada departs with a few parting words and much praise.” Meagan Campbell of Maclean’s has this report.

Bruce Campion-Smith of The Toronto Star reports that “Beverley McLachlin leaves chief justice post cheering Supreme Court’s work on Aboriginal issues.”

And Kathleen Harris and Rosemary Barton of CBC News have an article headlined “‘Shocked’: Retiring chief justice was blindsided by Stephen Harper’s public attack; Beverley McLachlin reveals behind-the-scenes details of battle with Conservatives.”

Posted at 1:10 PM by Howard Bashman



“Hickenlooper picks CU professor for vacant Colorado Supreme Court seat, solidifying his legacy for the panel; John Hickenlooper was choosing between Marcy Glenn, Pattie Swift and Melissa Hart”: Jesse Paul of The Denver Post has this report.

Colorado Public Radio reports that “Melissa Hart Chosen To Replace Allison Eid On Colorado Supreme Court.”

And Andrew Sorensen of CU Boulder Today reports that “Melissa Hart named to Colorado Supreme Court.”

For those keeping score at home, the confirmation of Neil M. Gorsuch to the U.S. Supreme Court ultimately resulted in the gain of a Democratic justice on the Supreme Court of Colorado.

Posted at 12:18 PM by Howard Bashman



“New justice named to Wyoming Supreme Court”: Shane Sanderson of The Casper (Wyo.) Star Tribune has an article that begins, “Wyoming will have a new Supreme Court Justice in the new year. Governor Matt Mead announced Friday that he had appointed Lynne Boomgaarden to replace William U. Hill. Hill’s retirement will become effective Feb. 17.”

Posted at 12:12 PM by Howard Bashman