How Appealing



Monday, February 5, 2018

“Many Say He’s the Least Qualified Lawyer Ever to Lead a Guantanamo Case. He Agrees.” Dave Philipps of The New York Times has this report.

Posted at 7:56 PM by Howard Bashman



“Secretary of Defense fires Guantanamo war court overseer”: Carol Rosenberg of The Miami Herald has an article that begins, “In a surprise move, Secretary of Defense Jim Mattis on Monday fired the top official overseeing the trials of the five men accused of plotting the 9/11 attacks and other alleged war criminals held at Guantanamo.”

Posted at 5:00 PM by Howard Bashman



“Abortion is a focus of early action in legislative sessions”: Ryan J. Foley of The Associated Press has a report that begins, “Republicans who control a majority of the nation’s statehouses are considering a wide range of abortion legislation that could test the government’s legal ability to restrict a woman’s right to terminate pregnancy.”

Posted at 1:38 PM by Howard Bashman



“Justices Won’t Block Pennsylvania Gerrymandering Decision”: Adam Liptak of The New York Times has this report.

Brent Kendall of The Wall Street Journal reports that “Supreme Court Denies Bid to Keep GOP-Friendly Districts in Pennsylvania; Democrats gain advantage after court declines to stay state court decision that Pennsylvania’s districts were unlawfully gerrymandered.”

Jonathan Lai and Liz Navratil of The Philadelphia Inquirer report that “SCOTUS denies GOP lawmakers’ attempt to delay drawing new congressional map.”

Mark Scolforo and Mark Sherman of The Associated Press report that “In blow to GOP, Supreme Court won’t block PA redistricting.”

Joseph Ax of Reuters reports that “U.S. Supreme Court allows revamp of Pennsylvania electoral map.”

Greg Stohr of Bloomberg News reports that “Supreme Court Justice Allows New Pennsylvania Congressional Voting Map.”

Chris Geidner of BuzzFeed News reports that “Supreme Court Won’t Stop Pennsylvania Court Order Requiring New Congressional Map For 2018.”

And at his “Election Law Blog,” Rick Hasen has a post titled “Justice Alito Denies Emergency Stay in Pa. Congressional Districting Case.”

Posted at 1:22 PM by Howard Bashman



“Justice Antonin Scalia: Life and Legacy.” This week in the Philadelphia area, everyone is looking forward to the parade to celebrate the 2018 Super Bowl Champion Philadelphia Eagles.

But many of us are also looking forward to attending this Wednesday evening’s National Constitution Center event featuring Edward Whelan (co-editor of the book “Scalia Speaks“), Richard Hasen (author of the forthcoming book “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption,” available for purchase March 20, 2018), Kannon Shanmugam, and Elizabeth Wydra. I am planning to attend in person; if you cannot, you can nevertheless view the event live, online via this link beginning at 6 p.m. eastern time on Wednesday, February 7, 2018.

Posted at 10:33 AM by Howard Bashman



“Boycott the Republican Party: If conservatives want to save the GOP from itself, they need to vote mindlessly and mechanically against its nominees.” Jonathan Rauch and Benjamin Wittes have this article in the March 2018 issue of The Atlantic.

Posted at 10:18 AM by Howard Bashman



“Republicans Fighting to Protect Gerrymandering in Pennsylvania Have an Ethics Problem; It could complicate their conflict-of-interest challenge”: Pema Levy of Mother Jones has this report.

Posted at 10:12 AM by Howard Bashman



Sunday, February 4, 2018

“High Court Rules Against Man Who Secretly Recorded Women”: Edmund H. Mahony of The Hartford Courant has an article that begins, “The state Supreme Court on Wednesday ruled against a man from Wilton who claimed that vague language in state voyeurism law should prevent him from being prosecuted for making secret video recordings — at least one involving sexual activity — of three different women.”

You can access Wednesday’s ruling of the Supreme Court of Connecticut at this link.

Posted at 10:00 PM by Howard Bashman



“Opponents of gerrymandering keep winning, but it might not affect 2018”: Robert Barnes of The Washington Post has this report.

Posted at 6:15 PM by Howard Bashman



“The ‘Slave Power’ Behind Florida’s Felon Disenfranchisement; Laws barring the formerly incarcerated from voting have no business marring politics in a 21st century democracy”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 1:30 PM by Howard Bashman



“State Supreme Court ruling will help juveniles facing trial as adults”: Bob Egelko of The San Francisco Chronicle has an article that begins, “In a victory for youngsters charged with crimes, the state Supreme Court ruled Thursday that a November 2016 ballot measure, which limited prosecutors’ authority to charge juveniles as adults, applied to all cases that were not yet final when the measure passed.”

You can access Thursday’s ruling of the Supreme Court of California at this link.

Posted at 1:18 PM by Howard Bashman



“Judge lands Nevada Supreme Court seat after no one else files”: Jane Ann Morrison of The Las Vegas Review-Journal has this report.

Posted at 1:11 PM by Howard Bashman



“Pennsylvania Congressional Map Faces Supreme Court Call; With the Pennsylvania primary vote only about three months away, candidates and voters still don’t know what their districts will look like”: Brent Kendall and Scott Calvert of The Wall Street Journal have this report.

Posted at 12:48 PM by Howard Bashman



Saturday, February 3, 2018

“Immigration: Whose Call Is It Anyway? As the courts grapple with radical shifts in immigration policy, a look at the cases underlying the conversation about the rights of refugees, immigrants, Dreamers, and visitors.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 8:14 PM by Howard Bashman



“Supreme Court judge resigned after ethics complaint; sexual comments emerge”: Todd Cooper and Joe Duggan of The Omaha World-Herald have an article that begins, “Nebraska Supreme Court Judge Max Kelch’s abrupt resignation last month came in the face of an ethics investigation, two officials told The World-Herald. The officials wouldn’t discuss details, but one said the allegations against Kelch are in line with the national #metoo movement that has resulted in resignations of actors, politicians, business executives and judges over questions of sexual misconduct.”

Posted at 7:56 PM by Howard Bashman



“Supreme Court hears challenge of ‘no-nipples’ law”: Shawne K. Wickham of The New Hampshire Union Leader has this report.

Michael Casey of The Associated Press has a report headlined “Topless beachgoers: Ban is unconstitutional, discriminatory.”

Annie Ropeik of New Hampshire Public Radio reports that “‘Free the Nipple’ Arguments At State Supreme Court Pit Discrimination Against Public Safety.”

And Barbara Leonard of Courthouse News Service reports that “Bare-Chested Beach Case Goes to New Hampshire’s Top Court.”

Posted at 1:57 PM by Howard Bashman



“7th Circ. Affirms Starbucks’ Win Over Finger Amputation”: Lauraann Wood of Law360.com has an article (subscription required for full access) that begins, “The Seventh Circuit on Friday upheld Starbucks Corp.’s quick win in a case accusing the company of negligence after a child’s in-store finger injury required same-day amputation, agreeing with the lower court that the Chicago shop didn’t owe the child a legal duty since he was under his parents’ supervision.”

You can access yesterday’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 10:18 AM by Howard Bashman



Friday, February 2, 2018

“US Supreme Court Weighing ‘Unprecedented’ Request To Put Pennsylvania Redistricting Ruling On Hold”: Chris Geidner of BuzzFeed News has this report.

Posted at 10:20 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: The Academy and PHH Corp.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 10:15 PM by Howard Bashman



“The Eminent Libertarians Who Might Save Public Sector Unions”: Rachel M. Cohen has this report online at The Intercept.

My only hope is that the next time a U.S. Supreme Court Justice mentions law professor William Baude at oral argument, the Justice pronounces Will’s last name the same way that Will does (listen here for the proper pronunciation). Here’s how Justice Neil M. Gorsuch pronounced Will’s last name last time.

Posted at 4:44 PM by Howard Bashman



“Pa. Supreme Court justice was biased in gerrymandering case, Republicans say”: Jonathan Lai of The Philadelphia Inquirer has this report.

Posted at 4:28 PM by Howard Bashman



“Activists Try to Recall Judge in Stanford Sex Attack Case. Some Say They’ve Gone Too Far.” Jose A. Del Real of The New York Times has this report.

Posted at 1:25 PM by Howard Bashman



“‘I will be there’: Ruth Bader Ginsburg says she has no plans to retire.” Michelle Boorstein of The Washington Post has this report.

Amir Tibon of Haaretz reports that “At D.C. Synagogue, Ruth Bader Ginsburg Says She’ll Continue to Serve With ‘Full Steam Ahead’; Ginsburg says the U.S. should pass the Equal Rights Amendment to enshrine equality between men and women in the Constitution.”

Nathan Guttman of The Forward reports that “Ruth Bader Ginsburg Is Staying On The Bench, As Long As She Has ‘Full Steam.’

Edward-Isaac Dovere of Politico.com has a report headlined “Ginsburg: Independent judiciary ‘our nation’s hallmark and pride.’

And Ron Kampeas of the Jewish Telegraphic Agency reports that “Ruth Bader Ginsburg says she will serve as long as she has ‘steam.’

You can view the video of last night’s event via this link.

Posted at 11:38 AM by Howard Bashman



Thursday, February 1, 2018