How Appealing



Wednesday, May 23, 2018

“Goodson, Sterling in Arkansas Supreme Court runoff”: In today’s edition of The Arkansas Democrat-Gazette, John Moritz has a front page article that begins, “Targeted by out-of-state attack ads, Supreme Court Justice Courtney Goodson survived an initial round of voting Tuesday and advanced to a November runoff election where she will face David Sterling, the beneficiary of outside spending.”

Posted at 1:40 PM by Howard Bashman



“Second spot in Kentucky Supreme Court runoff decided by just 51 votes”: Bill Estep of The Lexington Herald-Leader has this report.

Posted at 1:35 PM by Howard Bashman



“Retirement Plan Blues”: At his “Empirical SCOTUS” blog, Adam Feldman has a post that begins, “It is that time of year again. As we near the end of the Supreme Court term, we are experiencing another round of prognostications on whether Justice Kennedy will retire leaving another vacancy for the Trump Administration to fill.”

Posted at 11:42 AM by Howard Bashman



Two things people with opinions might wish to opine about before the Memorial Day holiday arrives: 1. As I noted in this earlier post, the Ninth Circuit on Monday issued a news release titled “Ninth Circuit Judicial Council Acts on Workplace Environment Recommendations.” Were it not for conduct attributed to a certain Ninth Circuit judge who has since resigned from judicial service, perhaps the current focus on sexual harassment within the federal judicial branch would not have arisen as it did. The question thus presents itself whether the Ninth Circuit’s just announced response is a good start, completely sufficient for all purposes, not a good start, or hopefully not where things should end up in the long term. Opinions anyone?

2. Also on Monday, as noted in this earlier post, Justice Ruth Bader Ginsburg managed to make headlines for two entirely different things — delivering a high profile dissenting opinion; and remarks delivered in response to receiving an award at the American Law Institute’s annual meeting. As Politico reported with regard to the second of those two things, “Ginsburg calls for return of ‘bipartisan spirit’ to judicial confirmations.” Now while people of good sense seem to agree that Justice Ginsburg should refrain from offering politically tinged remarks, it is not uncommon for federal judges to bemoan the state of federal judicial confirmations. Nevertheless, at this time, Democrats seem to be on the losing end of the judicial confirmation wars. If the Democrats manage to take control of the U.S. Senate in this November’s elections, does anyone believe that Justice Ginsburg would prefer to have a Democratically controlled Senate decide whether to confirm Anthony M. Kennedy’s successor based solely on the nominee’s judicial qualifications? Justice Ginsburg’s remarks about judicial confirmations this past Monday, while admirable as an absolute matter, seem to have come at exactly the wrong time for her partisan supporters. If I am correct, why hasn’t anyone had anything to say about this yet?

Posted at 11:11 AM by Howard Bashman



“Court to Provide Live Audio Streaming of All Arguments at Start of 2018-2019 Term”: The U.S. Court of Appeals for the D.C. Circuit today issued a news release that begins, “Chief Judge Garland announced today that the Court has voted to live stream audio of all oral arguments, except when classified or sealed matters must be discussed.”

Once this begins, the D.C. Circuit will join the Ninth Circuit — which currently is the only federal appellate court to livestream its oral arguments on YouTube. If I am reading the D.C. Circuit’s local rules correctly, that court’s 2018-2019 term will begin in September 2018.

Posted at 10:50 AM by Howard Bashman



Tuesday, May 22, 2018

“Judge sides with Gloucester transgender student on bathroom access issue”: Peter Dujardin of The Daily Press of Newport News, Virginia has this report.

Moriah Balingit of The Washington Post reports that “Court sides with transgender Va. student in his fight to use the boys’ bathroom.”

Ben Finley of The Associated Press reports that “Judge sides with transgender teen, declines to dismiss suit.”

Lawrence Hurley of Reuters reports that “U.S. court backs transgender student at center of bathroom dispute.”

Ariane de Vogue of CNN reports that “Court rules federal civil rights law protects transgender people.”

Antonia Blumberg and Ryan J. Reilly of HuffPost report that “Federal Court Sides With Transgender Teen Gavin Grimm In Bathroom Fight; The court denied a motion to dismiss Grimm’s lawsuit against the Gloucester County School Board.”

And Dominic Holden of BuzzFeed News reports that “A Judge Just Ruled For A Transgender Student In A Major Case; The decision reanimates the nation’s most prominent case over transgender student restroom rights.”

Posted at 10:56 PM by Howard Bashman



“Did the Supreme Court Just Gut the New Deal? Monday’s ruling banning employee class-action suits could open the door to destroying non-union workers’ rights.” Simon Lazarus has this essay online at The American Prospect.

Posted at 10:20 PM by Howard Bashman



Epic Distortion: Neil Gorsuch’s ruling on mandatory arbitration clauses doesn’t reflect the reality of American labor relations.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:03 PM by Howard Bashman



“Justice Kagan and Paul Clement share SG stories with American Law Institute”: Andrew Hamm has this post at “SCOTUSblog.”

Posted at 1:38 PM by Howard Bashman



“Ruth Bader Ginsburg, the super diva of America’s Supreme Court: The opera-loving judge has become a cult figure imitated on ‘Saturday Night Live.'” Courtney Weaver has this essay (subscription required) online at Financial Times. You may be able to freely access the essay via Google News.

Posted at 1:33 PM by Howard Bashman



“Interview with Judge Jeffrey Sutton About his New Book ’51 Imperfect Solutions: States and the Making of American Constitutional Law’ — Part II.” Ilya Somin has this post at “The Volokh Conspiracy.”

Posted at 1:05 PM by Howard Bashman



“This Is What a More Conservative Supreme Court Looks Like: The political and legal divides over workers’ class-action lawsuit were predictable.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 1:02 PM by Howard Bashman



Monday, May 21, 2018

“How Neil Gorsuch may end up protecting Planned Parenthood”: Columnist Charles Lane has this essay online at The Washington Post.

Posted at 10:16 PM by Howard Bashman



“California attorney general appeals judge’s decision to overturn physician-assisted suicide law”: Soumya Karlamangla of The Los Angeles Times has an article that begins, “California Atty. Gen. Xavier Becerra on Monday filed an appeal against a judge’s recent ruling overturning the state’s physician-assisted suicide law.”

Posted at 9:54 PM by Howard Bashman



“Prison bars open over a few dollars”: Columnist Ken Dixon of The Connecticut Post has an essay that begins, “Welcome to Skakel-land, where questions meet coincidence.”

Posted at 9:36 PM by Howard Bashman



“Patrick Murphy murder case headed to the U.S. Supreme Court”: Justin Wingerter of The Oklahoman has this report.

Curtis Killman of The Tulsa World reports that “U.S. Supreme Court to hear Oklahoma case on criminal jurisdiction involving tribal members.”

Mark Sherman of The Associated Press reports that “Justices to review Oklahoma’s Indian territory murder appeal.”

And Greg Stohr of Bloomberg News reports that “Oklahoma, Business Groups Get Supreme Court Review in Murder Case.”

Posted at 9:22 PM by Howard Bashman



“Clinic Brings Attorney’s Fees Case to Supreme Court; Culbertson v. Berryhill Will Interpret Federal Law Governing Social Security Representation”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 3:18 PM by Howard Bashman