How Appealing



Tuesday, April 3, 2018

“Supreme Court Justice Sonia Sotomayor’s Vanderbilt talk touched on Clarence Thomas, Bob Dylan”: Adam Tamburin of The Tennessee has this report.

And although the video of that visit does not yet appear to be available online, you can view on YouTube the video of Justice Sotomayor’s February visit to the Emory School of Law.

Posted at 10:14 PM by Howard Bashman



“Bikini baristas hit with court brief demanding they cover up”: Lucia Suarez Sang of Fox News has this report.

And at Reason’s “Hit & Run” blog, Scott Shackford has a post titled “Can You Guess How Much Butt This Town Will Let You Show? Everett, Washington, continues to wage war against scantily clad ‘bikini baristas.’

Yesterday evening, I had this post about Brief for Appellant filed last Wednesday in the U.S. Court of Appeals for the Ninth Circuit.

Posted at 9:12 PM by Howard Bashman



“Appeals court: Inmate shortchanged at lunch can sue for retaliation.” Paul Egan of The Detroit Free Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.

As a reader of this blog noted by email, a noteworthy aspect of the decision’s “analysis appears on pages 8 to 9, where the Court recognized a 4-2 circuit split and agreed with the majority in rejecting the so-called ‘checkmate doctrine,’ which holds that a prisoner’s First Amendment retaliation claim is categorically foreclosed whenever the prison finds the prisoner guilty of misconduct at an in-house prison hearing. Before this case, the Sixth Circuit had embraced the checkmate doctrine in more than a dozen unpublished opinions. It has now rejected the doctrine in a published opinion.”

Posted at 9:03 PM by Howard Bashman



“Lawyers for Eves, LePage make their cases in federal court; Both sides present oral arguments to the 1st U.S. Circuit Court of Appeals about the governor’s right to withhold funding to a charter school because of a hiring dispute involving Eves”: Edward D. Murphy of The Portland (Me.) Press Herald has this report.

And Alanna Durkin Richer of The Associated Press reports that “Lawyers spar over case accusing Maine governor of blackmail.”

You can access via this link the audio of today’s en banc oral argument of the U.S. Court of Appeals for the First Circuit.

Posted at 8:53 PM by Howard Bashman



“Richard Hasen’s Jumble of Confusions — Part 3”: Ed Whelan has this post at National Review’s “Bench Memos” blog.

Posted at 7:53 PM by Howard Bashman



“Stephen Reinhardt, Liberal Lion of Federal Court, Dies at 87”: This obituary, written by Sam Roberts, appears in today’s edition of The New York Times.

Posted at 1:48 PM by Howard Bashman



“‘A friendly vote on the court’: How Greg Abbott’s former employees could help Texas from the federal bench; As a longtime aide to Greg Abbott, Andrew Oldham has helped Texas fight the federal government; If he’s confirmed to the federal bench, he could rule on the same type of cases”: Emma Platoff of The Texas Tribune has this report.

Posted at 1:33 PM by Howard Bashman



“Why the Supreme Court Reviews So Many Qualified Immunity Cases; Here’s a theory, at least”: Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 1:20 PM by Howard Bashman



“Richard Hasen’s Jumble of Confusions — Part 2”: Ed Whelan has this post at National Review’s “Bench Memos” blog.

Posted at 12:57 PM by Howard Bashman



“Wisconsin’s Supreme Court Justice Race Receives National Attention”: Shawn Johnson had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 8:44 AM by Howard Bashman