How Appealing



Saturday, April 14, 2018
Friday, April 13, 2018

“Maryland law against price-gouging by drug companies is unconstitutional, appeals court rules”: Ian Duncan of The Baltimore Sun has this report.

Peter Loftus of The Wall Street Journal reports that “Appeals Court Strikes Down Maryland’s Drug-Price-Gouging Law; Judges say law ‘would impose a significant burden on interstate commerce involving prescription drugs.’

And Nate Raymond of Reuters reports that “U.S. appeals court strikes down Maryland drug price-gouging law.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 10:52 PM by Howard Bashman



“10 minutes at Supreme Court cost Wisconsin $60K”: Scott Bauer of The Associated Press has a report that begins, “Wisconsin taxpayers footed a previously unknown $60,000 bill for an attorney to argue for 10 minutes before the U.S. Supreme Court in the state’s defense of a redistricting lawsuit, records obtained by The Associated Press show.”

Posted at 3:51 PM by Howard Bashman



“Court Upholds Removal of Tigers & Lemurs From Roadside Zoo”: Matt Reynolds of Courthouse News Service has this report.

And the Animal Legal Defense Fund, a prevailing party on appeal, issued a news release titled “Precedent Setting Decision: Endangered Species Act Protects Captive Animals; Eighth Circuit Court of Appeals affirms roadside zoo’s substandard care of endangered animals violated federal law.”

You can access Wednesday’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

Posted at 2:00 PM by Howard Bashman



“The Court will provide the audio recording and transcript of the oral argument in 17-965, Trump, President of U.S. v. Hawaii, on an expedited basis through the Court’s website.” So begins a news release that the Public Information Office of the U.S. Supreme Court issued today.

Posted at 1:30 PM by Howard Bashman



“Now, a two-front legal war over teen abortions”: Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 1:28 PM by Howard Bashman



“Make No Law Podcast Episode Five: Crush.” Legal Talk Network yesterday posted online episode five of the “Make No Law” podcast from Ken White of “Popehat.” You can access the preceding four episodes of the podcast via this link.

Posted at 11:02 AM by Howard Bashman



Thursday, April 12, 2018

“Nathan B. Coats named chief justice of the Colorado Supreme Court; Coats is the 46th member of the court to be named chief justice since Colorado’s 1876 statehood”: Elizabeth Hernandez of The Denver Post has this report.

Posted at 11:40 PM by Howard Bashman



“7th Circuit kills another big data breach class action defense”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:44 PM by Howard Bashman



“South Dakota SCOTUS case could change how states tax online retailers. How’d we get here?” Dana Ferguson and Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota have this report.

Posted at 5:49 PM by Howard Bashman



“Wisconsin Film Festival: ‘RBG’ shows how the Supreme Court Justice Gins-burned chauvinism.” Rob Thomas of The Cap Times of Madison, Wisconsin has this report.

Posted at 5:45 PM by Howard Bashman



“Dissenting Against the Supreme Court’s Rightward Shift”: Linda Greenhouse has this essay online at The New York Times.

Posted at 3:44 PM by Howard Bashman



“Appeals Court Skeptical of Mulvaney’s Ability to Independently Lead CFPB; Interim director is ‘wearing two hats’ by also heading Office of Management and Budget, judge says”: Lalita Clozel of The Wall Street Journal has this report.

Glenn Thrush and Alan Rappeport of The New York Times report that “Appeals Court Questions Dual Roles of Consumer Bureau’s Director.”

Jim Puzzanghera of The Los Angeles Times reports that “Federal judges indicate they could remove Mulvaney as acting CFPB chief.”

Sommer Brokaw of UPI reports that “Judges weigh in on leadership battle at U.S. consumer agency.”

And Lydia Wheeler of The Hill reports that “Federal appeals court weighs CFPB leadership fight.”

You can access via this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

Posted at 3:40 PM by Howard Bashman



Back home after a most enjoyable visit to Washington, DC: Last night, I had the pleasure of being a panelist at a Coke Appellate Inn of Court meeting focusing on appellate blogging and #AppellateTwitter with co-panelists Kannon Shanmugan, Sean Marotta, and Jaime Santos.

I have had the pleasure of speaking to numerous appellate-related audiences over the years, but I doubt that I have ever visited a group containing more long-term and enthusiastic readers of this blog than last night’s attendees. It was my great pleasure to attend the program, see so many friends from the past, and meet plenty of new friends, some of whom also have or had a presence online. It somehow took me nearly 16 years since this blog’s creation to attend a Coke Appellate Inn meeting, but I hope to return much sooner for another visit. A photo of last night’s panel, including moderator Kelsi Brown Corkran, can be viewed at this link.

Before yesterday evening’s event, I had the pleasure of visiting Nationals Park to see the Atlanta Braves at the Washington Nationals. Here’s the view from my seat. Demonstrating the often unexpected reach of #AppellateTwitter, as a result of a reply I tweeted during my journey by train to DC, a member of the National’s off-field staff who’s an enthusiastic U.S. Supreme Court follower contacted me saying that he would be interested to meet me in-person if I had time while I was at the game. Thanks to social media and this particular individual, a behind-the-scenes tour of Nationals Park may be on the agenda during my next visit to a ballgame there.

Posted at 3:22 PM by Howard Bashman