How Appealing



Tuesday, January 9, 2018

“Justices Seem Ready to Back Driver of Rental Car in Privacy Case”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court looks for simple rules in complicated cases involving government searches.”

Richard Wolf of USA Today has an article headlined “From heroin-laden rental cars to stolen motorcycles, justices find privacy rights.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Questions Breadth of Police Car-Search Rights; In Fourth Amendment cases, Justices express skepticism over expanding police officers’ powers to allow searches of parked cars without a warrant.”

Lawrence Hurley of Reuters reports that “U.S. top court considers putting brakes on police vehicle searches.”

Jessice Gresko of The Associated Press reports that “Supreme Court takes the wheel in 2 cases of vehicle searches.”

And at “SCOTUSblog,” Mark Walsh has a post titled “A ‘view’ from the courtroom: Vehicle problems at the Supreme Court.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Byrd v. United States, No. 16-1371.

And you can access at this link the transcript of today’s U.S. Supreme Court oral argument in Collins v. Virginia, No. 16-1027.

Posted at 9:44 PM by Howard Bashman



“Utah Supreme Court considers plight of two transgender people who want their IDs to reflect their ‘actual reality'”: Jennifer Dobner of The Salt Lake Tribune has this report.

Posted at 9:15 PM by Howard Bashman



“Justice was served in GPS tracking case … by accident: An odd decision on warrantless GPS tracking doesn’t offer much clarity; Is this the future of an expanded Arizona Supreme Court?” Columnist Robert Robb has this essay online at The Arizona Republic.

Posted at 5:22 PM by Howard Bashman



“Looking Back to Make Sense of the Court’s (Relatively) Light Workload”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 4:30 PM by Howard Bashman



“Surveillance Court Wants ACLU Standing Reviewed”: Daniel Wilson of Law360.com has a report (subscription required for full access) that begins, “The Foreign Intelligence Surveillance Court has asked a review panel to rule on whether it is legally allowed to consider the merits of the American Civil Liberties Union’s request to fully unredact several declassified court opinions, after its judges recently split on the issue.”

You can view at this link the order of the Foreign Intelligence Surveillance Court certifying a question to the Foreign Intelligence Surveillance Court of Review.

Posted at 2:50 PM by Howard Bashman



“A Primer on the Merits Issues in ACLU v. Mattis (the U.S. Citizen Enemy Combatant Case)”: Robert Chesney and Steve Vladeck have this blog post at “Lawfare.”

Posted at 2:40 PM by Howard Bashman



“Court to weigh if one parent has the right to use frozen embryos if the other objects”: Ariana Eunjung Cha has this article in today’s edition of The Washington Post.

Posted at 8:37 AM by Howard Bashman



Monday, January 8, 2018

“Hetero employees can’t claim reverse discrimination when federal law doesn’t shield gays, lesbians — judge”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 11:22 PM by Howard Bashman



“Fragments of the Law: How a 1997 Student Lecture Series Mixed Wit, Wisdom, and the UChicago Way.” Becky Beaupre Gillespie has this report online at the web site of the University of Chicago Law School.

Posted at 10:22 PM by Howard Bashman



“Why Do Federal Judges Need Clerks, Anyway? Abolishing clerkships would strike a blow against sexual harassment — and inequality to boot.” Law professor Glenn Harlan Reynolds has this essay online at The Wall Street Journal.

Posted at 3:57 PM by Howard Bashman



“Supreme Court clerks are overwhelmingly white and male. Just like 20 years ago. These powerful positions are tickets to top-tier legal careers. I didn’t find many minorities or women in my first analysis. They’re still rare today.” Tony Mauro has this essay online at USA Today.

Posted at 3:42 PM by Howard Bashman



“Death Penalty Case Heard by Racist Juror Is Reopened by Supreme Court”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court cites juror’s racist comments in allowing Ga. death row inmate to appeal.”

Richard Wolf of USA Today reports that “Supreme Court cites juror’s racism in death penalty reprieve.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Reopens Death Sentence of Black Convict; High court orders lower courts to consider claims by man who alleges his death sentence was tainted with racial bias by a bigoted juror.”

Alex Swoyer of The Washington Times reports that “Supreme Court gives death row inmate new appeal after juror’s racist beliefs.”

Bill Rankin of The Atlanta Journal-Constitution reports that “Supreme Court sends case of racist juror back to Atlanta appeals court.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court sides with death row inmate over racist juror claim.”

Greg Stohr of Bloomberg News reports that “Supreme Court Orders New Look at Death Sentence After Racial Slur.”

And The Associated Press reports that “Justices give Georgia death row inmate new round of appeals.”

Posted at 1:50 PM by Howard Bashman



“U.S. top court turns away challenge to Mississippi LGBT law”: Lawrence Hurley of Reuters has this report.

Jess Bravin of The Wall Street Journal reports that “High Court Won’t Hear Challenge to State Law Letting Merchants Refuse Service to Gay People; Mississippi case is latest example of legal fallout following Supreme Court’s 2015 decision extending marriage rights to same-sex couples.”

Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Leaves Intact Mississippi Law Curbing Gay Rights.”

And Ariane de Vogue of CNN.com reports that “Supreme Court won’t take up Mississippi religious freedom law.”

Posted at 1:38 PM by Howard Bashman



“Exciting Developments in Supreme Court Appellate Jurisdiction: Some would call it the second coming of Marbury v. Madison.” Will Baude has this post at “The Volokh Conspiracy.”

Posted at 10:12 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in three cases.

The Court issued a per curiam decision in Tharpe v. Sellers, No. 17-6075, vacating the judgment of the U.S. Court of Appeals for the Eleventh Circuit and remanding for further proceedings. Justice Clarence Thomas issued a dissenting opinion, in which Justices Samuel A. Alito, Jr. and Neil M. Gorsuch joined.

Posted at 9:31 AM by Howard Bashman



Sunday, January 7, 2018

“School integration lawsuit heads to Minnesota Supreme Court”: Beena Raghavendran of The Minneapolis Star Tribune has this report.

Posted at 10:48 PM by Howard Bashman



“On Florida’s ‘Forgotten Coast,’ a Supreme Court fight over fresh water”: Robert Barnes of The Washington Post has this report.

Posted at 10:44 PM by Howard Bashman



“Justice Thomas Opens Up On Life, Faith And His Interracial Marriage”: The Daily Caller has posted online this video, in which Ginni Thomas interviews her husband, Justice Clarence Thomas.

Posted at 8:22 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Resolved 2018.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:17 PM by Howard Bashman



“‘It’s only fair’: As Supreme Court ponders online sales tax, Alabama looks for solutions.” John Sharp of Alabama Media Group has this report.

Posted at 10:37 AM by Howard Bashman



“The Right Not to Vote: SCOTUS will weigh whether Ohio had the right to purge more than a million voters who sat out elections.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 10:24 AM by Howard Bashman