How Appealing



Wednesday, January 31, 2018

“Sen. Scarnati refuses Pa. Supreme Court order to turn over map data in gerrymander case”: Jonathan Lai of The Philadelphia Inquirer has an article that begins, “State Senate President Pro Tempore Joe Scarnati (R., Jefferson) said Wednesday he would not turn over any data requested by the Pennsylvania Supreme Court in the wake of the gerrymandering ruling that Republicans have asked the U.S. Supreme Court to review.”

And Steve Esack of The Morning Call of Allentown, Pennsylvania reports that “Legal fight over Pennsylvania’s gerrymandered congressional map intensifies.”

Posted at 10:25 PM by Howard Bashman



“Senate confirms Justice Stras to federal bench; Ex-Sen. Al Franken had opposed conservative jurist”: Jennifer Brooks and Stephen Montemayor of The Minneapolis Star Tribune have this report.

Brian Bakst of Minnesota Public Radio reports that “MN Justice Stras confirmed for federal appeals court.

Kevin Freking of The Associated Press reports that “Senate takes rare path in confirming Trump judicial nominee.”

And Tim Ryan of Courthouse News Service reports that “Despite Blue-Slip Battle, Stras Confirmed to 8th Circuit.”

Posted at 10:16 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: The I-Don’t-Have-Time-Read-It-All Version of PHH Corp. v. CFPB.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:33 PM by Howard Bashman



“A Case Ripe for the Supreme Court: The D.C. Circuit tees up the CFPB for constitutional review.” The Wall Street Journal has published this editorial.

Posted at 7:08 PM by Howard Bashman



“The CFPB Survives: In a blockbuster ruling, the D.C. Circuit reminds the Trump administration that real liberty isn’t limited to corporations.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 7:02 PM by Howard Bashman



“President’s Power to Oust Consumer Watchdog’s Chief Is Curbed by Court”: Stacy Cowley of The New York Times has this report.

Renae Merle of The Washington Post reports that “U.S. appeals court upholds independence of consumer watchdog agency.”

Jim Puzzanghera of The Los Angeles Times reports that “Consumer Financial Protection Bureau’s structure is constitutional, appeals court rules in a blow to agency’s opponents.”

Kevin McCoy and Richard Wolf of USA Today report that “Appeals court upholds U.S. consumer watchdog bureau’s independence.”

Stephen Dinan of The Washington Times reports that “Court upholds Obama-era Wall Street cop bureau as constitutional.”

Pete Schroeder of Reuters reports that “Appeals court upholds structure of U.S. consumer bureau.”

And Zoe Tillman of BuzzFeed News reports that “A Key Part Of Obama-Era Financial Reforms Survived A Legal Challenge, But That Could Be Good For Trump Now.”

Posted at 2:44 PM by Howard Bashman



“Court Ruling on CFPB Director Deals Blow to Trump Administration”: Andrew M Harris of Bloomberg News has this report on today’s en banc ruling of the U.S. Court of Appeals for the D.C. Circuit.

Update: In other coverage, Brent Kendall and Yuka Hayashi of The Wall Street Journal report that “Appeals Court Rules CFPB Structure Is Constitutional; Ruling supports agency’s framework as enacted under Dodd-Frank law, rejects claim that CFPB director too far removed from president.”

Josh Gerstein of Politico.com reports that “Court upholds constitutionality of Consumer Financial Protection Bureau.”

Sylvan Lane (yes that’s his real name) of The Hill reports that “Appeals court rules consumer bureau’s structure is constitutional.”

Jeff Cox of CNBC.com reports that “Court overturns November 2016 decision that gave president power to fire CFPB director at will.”

And Kate Berry of American Banker reports that “Appeals court affirms CFPB’s constitutionality, leadership structure.”

Posted at 10:48 AM by Howard Bashman



Tuesday, January 30, 2018

“Crossing State Lines: The Supreme Court’s conservatives may be preparing an attack on states’ ability to combat partisan gerrymandering.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 10:52 PM by Howard Bashman



“The 2nd Circuit wants you to be able to test cutting-edge legal theories”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 3:07 PM by Howard Bashman



“The Untold Story of the Pentagon Papers Co-Conspirators: Speaking publicly for the first time, a historian reveals the crucial role that he and a small band of others played in helping Daniel Ellsberg leak the documents to journalists.” Eric Lichtblau has this post online at The New Yorker.

Posted at 1:30 PM by Howard Bashman



“The Supreme Court’s Elections Clause dilemma in Pennsylvania”: Lyle Denniston has this post at the National Constitution Center’s “Constitution Daily” blog.

Posted at 1:22 PM by Howard Bashman



“A Difference of Opinion”: At his “Empirical SCOTUS” blog, Adam Feldman has a post that begins, “Since Chief Justice John Roberts joined the Supreme Court in 2005, several pairs of justices have had notable disagreements in multiple cases.”

Posted at 1:08 PM by Howard Bashman



“Just how bad is partisan gerrymandering? Ask the mapmakers.” Michael Wines has this article in today’s edition of The New York Times.

Posted at 1:06 PM by Howard Bashman



“Inside the mind of Leonard Leo, Trump’s Supreme Court right-hand man”: Melissa Quinn of the Washington Examiner has this report.

Posted at 12:50 PM by Howard Bashman



“How to Get a Wiretap to Spy on Americans, and Why That Matters Now”: Charlie Savage has this article in today’s edition of The New York Times.

Posted at 10:58 AM by Howard Bashman



“Not Even the Supreme Court Can Get This 71-Year-Old Man Out of Prison: Two years ago, the justices said Henry Montgomery should be let out of prison; He’s still there.” Stephanie Mencimer of Mother Jones has this report.

Posted at 10:30 AM by Howard Bashman



“Supreme Court signals it might block Pennsylvania ruling against partisan gerrymandering”: David G. Savage of The Los Angeles Times has this report.

Posted at 10:28 AM by Howard Bashman



“Young immigrants who can’t afford lawyer will have to go without, court says”: Bob Egelko of The San Francisco Chronicle has this report.

Maura Dolan of The Los Angeles Times reports that “Immigrant children aren’t entitled to government-paid lawyers in deportation hearings, court rules.”

And Maria Dinzeo of Courthouse News Service reports that “Court Orders Deportation of Honduran Boy.”

My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.

Posted at 10:20 AM by Howard Bashman



“#GorsuchDictionaries: Into the lexicographic weeds.” Neal Goldfarb has this post at his blog, “LAWnLinguistics.”

Posted at 10:09 AM by Howard Bashman



“Justice Poker: Sometimes capital punishment is just the luck of the draw.” Andrew Cohen has this post online at The Marshall Project.

Posted at 10:05 AM by Howard Bashman



Monday, January 29, 2018

“Lawyers Faced With Emojis and Emoticons Are All 😎 ; Chipmunks, kissy lips and champagne bottles are becoming bones of contention in legal disputes; a court considers the ‘:P'” Mike Cherney will have this front page article in Tuesday’s edition of The Wall Street Journal.

Posted at 8:54 PM by Howard Bashman



“In Remington trigger appeal, state AGs cite controversial 9th Circ. ruling”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 3:39 PM by Howard Bashman