How Appealing



Sunday, April 22, 2018

“At Supreme Court, Originalism’s Illusory Promise Exposed”: Kenneth Jost has this post at his blog, “Jost on Justice.”

Posted at 9:18 AM by Howard Bashman



Saturday, April 21, 2018

“‘Prosecuting’ Trump Over a Pardon: The Ninth Circuit again decides it can hijack presidential power.” The Wall Street Journal has published this editorial.

Posted at 9:46 PM by Howard Bashman



“11th Circuit Turns Down Gay Rights Asylum Appeal; A student in Cameroon said he was attacked, cut with a knife and threatened with death after posting a message in a university publication asking for equal rights and treatment of homosexuals”: Katheryn Tucker of The Fulton County (Ga.) Daily Report has this article.

And Tiffany Hu of Law360.com has an article headlined “No Asylum For Cameroon Gay Rights Backer, 11th Circ. Says.”

Circuit Judge William H. Pryor Jr. wrote Thursday’s ruling of the U.S. Court of Appeals for the Eleventh Circuit on behalf of a unanimous three-judge panel.

Posted at 1:15 PM by Howard Bashman



“Gorsuch strikes a blow for constitutional equilibrium”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 1:02 PM by Howard Bashman



“Liberal Groups’ Lame Attempts to Demonize a Respected Third Circuit Nominee”: Carrie Severino has this post at National Review’s “Bench Memos” blog.

Posted at 11:00 AM by Howard Bashman



“A Marquette Professor Fights for His Speech Rights; He was fired for comments his contract clearly protects”: Margot Cleveland has this essay online at National Review.

Posted at 10:14 AM by Howard Bashman



“Billionaire immigration crusader: Employee innocent in murder-for-hire plot.” Marc Caputo of Politico has this report.

According to the article, “Fernandez emailed his statement of support for Wendi Adelson after NBC’s ‘Dateline’ last week devoted a two-hour investigative special to the Tallahassee murder of her ex, Florida State University law professor Dan Markel, amid a bitter divorce and court fight over their two young boys in 2014.”

Posted at 10:02 AM by Howard Bashman



“Bill Cosby Accuser Petitions Supreme Court to Review Defamation Case; Katherine McKee is being represented by Donald Trump attorney Charles Harder”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 9:57 AM by Howard Bashman



“D.C. Circuit Review — Reviewed: ‘Why Congress Matters: The Collective Congress in the Structural Constitution.'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:52 AM by Howard Bashman



“Justice Shirley Abrahamson is undergoing medical tests and been participating in Wisconsin cases only by phone”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 9:44 AM by Howard Bashman



Friday, April 20, 2018

“The Seventh Circuit splits on the national injunction; National injunction upheld 2-1 in Chicago sanctuary city case”: Samuel Bray has this post at “The Volokh Conspiracy.”

Posted at 10:52 PM by Howard Bashman



“Hollywood’s newest action star: The Constitution’s takings clause.” Columnist George F. Will has this essay online at The Washington Post.

Posted at 3:16 PM by Howard Bashman



“Emanuel wins court ruling in sanctuary city lawsuit against Trump administration”: John Byrne of The Chicago Tribune has this report.

Jon Seidel and Fran Spielman of The Chicago Sun-Times report that “Court upholds ruling, blocks Trump administration in sanctuary cities case.”

Shibani Mahtani of The Wall Street Journal reports that “Court Upholds Ruling Barring U.S. From Punishing Sanctuary Cities; Federal funding for policing programs can’t be withheld for lack of cooperation with immigration enforcement, judges rule.”

Aamer Madhani of USA Today reports that “Appeals court deals another blow to Trump effort to withhold funds from sanctuary cities.”

Stephen Dinan of The Washington Times reports that “Judges warn of Trump ‘tyranny’ in defending sanctuary cities.”

Herbert G. McCann of The Associated Press reports that “Court sides with sanctuary cities in fight over grants.”

Dan Levine of Reuters reports that “Appeals court rules against U.S. on funds for sanctuary cities.”

Tal Kopan of CNN reports that “Trump and Sessions lose another sanctuary cities case.”

Josh Gerstein of Politico reports that “Appeals court rules against Trump policy punishing sanctuary cities.”

And Dominic Holden of BuzzFeed News reports that “The Justice Department Just Lost A Major Sanctuary City Case; The 7th Circuit Court of Appeals affirmed a lower court ruling, thereby preventing the Trump administration from denying grant funds to sanctuary cities nationwide.”

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

Posted at 1:36 PM by Howard Bashman



“Trump’s War on ‘Deep State’ Judges; The administration wants the Supreme Court to make it easier for politically appointed agency heads to fire in-house jurists”: Margaret Newkirk and Greg Stohr of Bloomberg News have this report.

Posted at 1:05 PM by Howard Bashman



“The Skillful Foreshadowing of Neil Gorsuch: The newest Supreme Court justice issued two high-profile opinions that are different in tone but say a great deal about his worldview.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 11:08 AM by Howard Bashman



“McConnell aims to reshape courts in case Senate flips; The Kentucky Republican is prioritizing confirmation of conservative judges in what may be his final months as majority leader”: Burgess Everett of Politico has this report.

Posted at 11:04 AM by Howard Bashman



“The Third Circuit honors its newest judge, Stephanos Bibas”: Matthew Stiegler has this post at his “CA3blog.”

Posted at 9:09 AM by Howard Bashman



“Appeal planned after court voids Texas ‘revenge porn’ law”: Chuck Lindell of The Austin American-Statesman has this report.

Andrea Zelinski of The Houston Chronicle reports that “Texas’ ‘revenge porn’ law struck down by state appeals court.”

And Emma Platoff of The Texas Tribune reports that “State appeals court rules Texas’ ‘revenge porn’ law violates the First Amendment; The Tyler-based 12th Court of Appeals also said the law is overly broad; The case is now likely headed to the state’s highest criminal court.”

You can access Wednesday’s ruling of the Twelfth Court of Appeals of Texas at this link.

Posted at 9:03 AM by Howard Bashman



“Court reinstates lawsuit against online gun seller from Azana Spa mass shooting”: Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.

Todd Richmond of The Associated Press reports that “Wisconsin appeals court reinstates spa shooting lawsuit.”

Tina Bellon of Reuters reports that “Wisconsin court allows lawsuit against gun sale website to proceed.”

And Erik Larson of Bloomberg News reports that “U.S. Online Gun Market Takes a Hit From Wisconsin Court Ruling.”

You can access yesterday’s ruling of the Court of Appeals of Wisconsin at this link.

Posted at 8:53 AM by Howard Bashman



Thursday, April 19, 2018

“The Supreme Court Should Rethink Deference to the Executive in the Travel Ban Case”: W. Neil Eggleston and Amanda Elbogen have this post at the “Just Security” blog.

Posted at 11:08 PM by Howard Bashman



“In McAdams vs. Marquette hearing, justices focus on speech rights for professors”: Karen Herzog of The Milwaukee Journal Sentinel has this report.

And Shawn Johnson of Wisconsin Public Radio reports that “State Supreme Court Hears Arguments Over Suspension Of Marquette Professor; The Dispute Over John McAdams Pits Traditional Allies Against One Another.”

You can access via this link the audio of today’s oral argument before the Supreme Court of Wisconsin.

Posted at 8:16 PM by Howard Bashman



“Now a full decade after Rita, Gall and Kimbrough, do any Justices still care about reasonableness review?” Douglas A. Berman has this post at his “Sentencing Law and Policy” blog.

Posted at 8:06 PM by Howard Bashman



Programming note: In just a few moments, I will begin my commute to the Ceremonial Courtroom of the U.S. Court of Appeals for the Third Circuit in Philadelphia to attend the investiture ceremony for that court’s newest judge, Stephanos Bibas.

To commemorate this event, here are a few “fun facts.” Before becoming a federal appellate judge, Bibas was himself an occasional law blogger. Judge Bibas holds the same seat on the Third Circuit as the Third Circuit judge for whom I clerked from 1989 to 1991. And the future looks promising for blog post titles containing attempted cleverness.

Update: It was a lovely investiture ceremony. Justices Anthony M. Kennedy (for whom Judge Bibas clerked at the U.S. Supreme Court) and Samuel A. Alito, Jr. (the Circuit Justice for the Third Circuit) were in attendance, and Justice Kennedy delivered some remarks and administered the ceremonial oath of office (as Judge Bibas actually was sworn into office shortly after his confirmation last November and has been working as a Third Circuit Judge ever since). Justice Kennedy observed during his remarks that if Judge Bibas’s young children lived near Justice Kennedy, they could help Justice Kennedy learn to use his laptop computer.

White House Counsel Donald F. McGahn II was present and participated in the ceremony by reading Judge Bibas’s Presidential Commission. In addition to nearly all of the active and senior judges of the Third Circuit who attended the investiture, D.C. Circuit Judge Gregory G. Katsas, Sixth Circuit Judge Raymond M. Kethledge, and Eighth Circuit Judge David R. Stras were also in attendance.

Although I did not see him, also announced as being in attendance was Fifth Circuit nominee Kyle Duncan, who was recognized from the bench at least a few days prematurely as “Fifth Circuit Judge Kyle Duncan.” According to an email alert that I received today from the Alliance for Justice, the U.S. Senate is scheduled to hold a cloture vote on Duncan’s Fifth Circuit nomination on Monday of next week.

Posted at 1:50 PM by Howard Bashman