How Appealing



Wednesday, May 2, 2018

“Ninth Circuit Denies Rehearing En Banc in Montana Campaign Contributions Case, Teeing Up Issue for Possible Supreme Court Review”: Rick Hasen has this post at his “Election Law Blog” about an order denying rehearing en banc, accompanied by a dissent and a response to the dissent, that the U.S. Court of Appeals for the Ninth Circuit issued today.

Given this blog’s endless penchant for focusing on appellate marginalia, perhaps it is worth noting that Senior Circuit Judge Raymond C. Fisher, the author of the three-judge panel’s majority opinion, is a co-author of today’s “Response to Dissent.” And the reason that this writing is not titled as “concurring in the denial of rehearing en banc,” in all likelihood, is that Judge Fisher as a senior judge doesn’t get a vote on whether rehearing en banc should be granted or denied.

Posted at 10:25 PM by Howard Bashman



“What Nixon and Clinton’s Supreme Court cases mean for Trump’s options on executive privilege”: Joan Biskupic of CNN has this report.

Posted at 9:55 PM by Howard Bashman



The current issue of the Alabama Law Review contains numerous tributes to Eleventh Circuit Chief Judge Ed Carnes: You can access the tributes via this link (scroll down). I’m not sure what occasion gives rise to these tributes, but then who’s to say that any special occasion should be necessary.

I’m proud to note that this blog is the authority Wikipedia cites for the proposition that Chief Judge Carnes is a very talented writer. Then again, as another currently serving Eleventh Circuit judge won’t be surprised to learn, Wikipedia also cites me as an authority in its entry for former Ninth Circuit Judge Wallace McCamant.

Update: The law review’s web site has been updated to note that these articles are being published “in Tribute to Chief Judge Carnes’ 25 Years on the U.S. Court of Appeals for the Eleventh Circuit.”

Posted at 9:42 PM by Howard Bashman



“More Judicial Nominations From President Trump — And More Judicial Emergencies; April brought not one but two waves of new nominees from the White House”: David Lat has this post at “Above the Law.”

Posted at 9:04 PM by Howard Bashman



“Can the Presidency Trump a Special Counsel Subpoena?” Steve Vladeck and Benjamin Wittes have this post at the “Lawfare” blog.

Posted at 5:22 PM by Howard Bashman



“U.S. Transfers First Detainee Out of Gitmo Under Trump, Who Vowed to Fill Its Cells”: Charlie Savage of The New York Times has this report.

Posted at 5:16 PM by Howard Bashman



Programming note: This evening, I will be traveling to Wilmington, Delaware, where tomorrow I will be part of a lunch-hour panel at the District of Delaware Bench & Bar Conference. My co-panelists will be David Lat (founding editor of “Above the Law“) and Anne Urda (editor in chief of Law360.com). Ralph Begleiter will be the panel’s moderator. I look forward to saying hello to the many Delaware-based fans and readers of “How Appealing.”

On a related note, on Sunday, May 6, 2018 this blog will celebrate its 16th birthday. Thanks again to all of this blog’s many, many tremendously enthusiastic readers for continuing to provide me with the energy and motivation to keep this blog in existence.

As is often the case while I am traveling, appellate-related retweets are more likely to appear on this blog’s Twitter feed. If you are not among the 10,000+ followers of “How Appealing” on Twitter, most of whom are real live humans (with perhaps one or two selfie-snapping macaques mixed in for good measure), now would be a great time to do so.

Posted at 5:03 PM by Howard Bashman



“Republicans hope a challenge to Iowa’s fetal heartbeat bill will overturn Roe v. Wade. How would that work?” Stephen Gruber-Miller of The Des Moines Register has this report.

Kevin Hardy of The Des Moines Register has an article headlined “Iowa could soon have the nation’s strictest abortion laws. Here’s how nearby states compare.”

Barbara Rodriguez and Scott Stewart of The Associated Press report that “Iowa lawmakers approve banning abortion at ‘fetal heartbeat.’

And Barbara Goldberg of Reuters reports that “Iowa passes ‘fetal heartbeat’ abortion ban, most restrictive in U.S.

Posted at 4:49 PM by Howard Bashman



“Can Trump be forced to testify? Legal precedents suggest yes.” Mark Sherman and Eric Tucker of The Associated Press have this report.

Posted at 4:44 PM by Howard Bashman



“U.S. Supreme Court Justice Neil Gorsuch and U.S. Attorney General Sessions on the program for Eighth Circuit Judicial Conference in Des Moines”: Rox Laird has this post at “On Brief: Iowa’s Appellate Blog.”

Posted at 4:42 PM by Howard Bashman



“A Year Ago the Supreme Court Raised the Bar for Special Ed. What’s Happened Since? A year out, Endrew F. ruling leaves imprint.” Christina A. Samuels of Education Week has this report.

Posted at 8:55 AM by Howard Bashman



“Is Trump right about judges’ leanings? Maybe, review shows.” Sudhin Thanawala of The Associated Press has a report that begins, “President Donald Trump has called courts unfair and political and repeatedly assailed the 9th Circuit, the U.S. court system’s westernmost division, where some of his key immigration policies have stalled.”

Posted at 8:53 AM by Howard Bashman



“There is life after the W.Va. Supreme Court”: Stephen N. Reed has this essay online at The Charleston (W. Va.) Gazette-Mail.

Posted at 8:50 AM by Howard Bashman



“Trump Said Libel Laws Should Change. These Women Agree. Defamation suits take on a new significance in the #MeToo era. Free-speech advocates are wary.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 8:35 AM by Howard Bashman