How Appealing



Monday, June 18, 2018

“A high court ruling in favor of judicial brevity — and a win for Deputy Attorney General Rod Rosenstein”: Ann E. Marimow of The Washington Post has this report.

Jess Bravin of The Wall Street Journal reports that “Supreme Court Gives Prisoners Another Chance to Fix Sentencing Errors; Court also says appeals court must consider if houseboat owner was arrested solely for retaliation.”

And Lawrence Hurley of Reuters reports that “Embattled Rosenstein wins case at U.S. Supreme Court.”

Posted at 10:18 PM by Howard Bashman



“AG Sessions heading to Supreme Court over Chicago’s sanctuary city policy”: Jon Seidel of The Chicago Sun-Times has this report.

Andrew Chung of Reuters reports that “Trump administration seeks to limit court’s ‘sanctuary cities’ order.”

Greg Stohr of Bloomberg News reports that “Trump Administration Seeks Supreme Court Order on Sanctuary Cities.”

Ariane de Vogue of CNN reports that “Trump admin asks Supreme Court lift ban on sanctuary city policy.”

And Josh Gerstein of Politico reports that “Justice Department asks SCOTUS to lift nationwide block on anti-sanctuary-city policy.”

Posted at 10:06 PM by Howard Bashman



“A Persistent Gadfly Wins Again in the Supreme Court”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court allows retaliatory arrest lawsuit to move forward.”

Richard Wolf of USA Today reports that “First Amendment victory is Florida man’s second at Supreme Court.”

Alex Daugherty of The Miami Herald reports that “South Florida activist is 2-0 at the Supreme Court after First Amendment victory.”

Jane Musgrave of The Palm Beach Post reports that “U.S. Supreme Court hands Fane Lozman second win against Riviera Beach.”

Jessica Gresko of The Associated Press reports that “Supreme Court sides with Florida man in free speech case.”

And Greg Stohr of Bloomberg News reports that “Supreme Court Backs Florida Man Arrested at City Council Meeting.”

Posted at 9:54 PM by Howard Bashman



“Is NC partisan gerrymander case up next after Supreme Court ‘punts’ on Wisconsin and Maryland?” Anne Blythe of The News & Observer of Raleigh, North Carolina has this report.

Posted at 9:45 PM by Howard Bashman



“The Supreme Court’s Gerrymandering Decision Could Have Been Much Worse”: Jeffrey Toobin has this post online at The New Yorker.

Posted at 9:36 PM by Howard Bashman



“The Supreme Court Is Not Going to Save You: Under John Roberts, SCOTUS has shied so far from anything resembling partisanship that it risks undermining its own authority.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:32 PM by Howard Bashman



“Supreme Court to consider cases on the seizure of a $40,000 Land Rover, iPhone apps and a moose hunter”: Ann E. Marimow of The Washington Post has this report.

Posted at 7:55 PM by Howard Bashman



“U.S. Supreme Court agrees to reconsider case of Alaska moose hunter and his hovercraft”: Zaz Hollander of The Anchorage Daily News has this report.

Rod Boyce of The Fairbanks Daily News-Miner reports that “Supreme Court to hear appeal from Alaska hovercraft owner.”

Miranda Green of The Hill reports that “Supreme court to rehear Alaska moose hunter, hovercraft case.”

And Barbara Leonard of Courthouse News Service has a report headlined “Round 2 at High Court for Alaskan Hovercraft Hunter.”

Posted at 7:44 PM by Howard Bashman



“Sexual Harassment and the Bench”: Former U.S. District Judge Nancy Gertner has this essay online at Stanford Law Review, part of an online symposium titled “#MeToo and the Future of Sexual Harassment Law” whose contents you can access here and here.

Posted at 7:32 PM by Howard Bashman



“Should Judges Consider Costs To The Parties In Deciding Whether Oral Argument Of An Appeal Is Worthwhile?” Tomorrow’s edition of The Legal Intelligencer — Philadelphia’s daily newspaper for lawyers — will contain this month’s installment of my “Upon Further Review” column.

Posted at 6:16 PM by Howard Bashman



“The Supreme Court Would Prefer Not To: Amid the partisan crossfire of Washington, Gill v. Whitford provides the latest example of the justices keeping their heads down.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 6:09 PM by Howard Bashman



“Jay Richardson — Nominee for the U.S. Court of Appeals for the Fourth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 6:06 PM by Howard Bashman



“Justices Punt on Gerrymandering, But Coach Kagan Has a Plan; The case goes back to the lower courts, where the plaintiffs would be smart to employ her strategy”: Law professor Noah Feldman has this essay online at Bloomberg View.

Online at Slate, law professor Richard L. Hasen — author of the “Election Law Blog” — has a jurisprudence essay titled “Justice Kennedy Still Won’t Rule on Gerrymandering; The latest SCOTUS opinions show that the other justices are still trying to convince their swing voter to make up his mind.” And Mark Joseph Stern has a jurisprudence essay titled “The Supreme Court Punted on Partisan Gerrymandering. The Fight to Kill It Is Far From Over.”

Posted at 1:24 PM by Howard Bashman



“Abortions, the Muslim ban and other controversial cases of Trump’s Ohio nominees for a federal appeals court”: Eric Heisig of The Cleveland Plain Dealer has this report.

Posted at 1:15 PM by Howard Bashman



“At Supreme Court, Justices Clash on Right to Vote”: Kenneth Jost has this post at his blog, “Jost on Justice.”

Posted at 1:09 PM by Howard Bashman



“Supreme Court Avoids an Answer on Partisan Gerrymandering”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court sidesteps decision on partisan gerrymandering in rulings on Wisconsin, Maryland cases.”

David G. Savage of The Los Angeles Times reports that “Supreme Court decides not to decide on constitutionality of partisan gerrymandering.”

Richard Wolf of USA Today reports that “Supreme Court punts on two cases regarding partisan election districts.”

Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court Sidesteps Major Legal Issues in Gerrymandering Cases; The court left for another day resolution of the hardest question in two closely watched cases.”

Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court declines to stop political gerrymandering; Court tells plaintiffs to prove they suffered from partisan legislative maps.”

Patrick Marley of The Milwaukee Journal Sentinel reports that “U.S. Supreme Court sends Wisconsin redistricting case back to lower court, leaving GOP-friendly legislative map in place.”

Matthew DeFour and Matthew DeFour of The Wisconsin State Journal report that “U.S. Supreme Court punts on gerrymandering case, says plaintiffs lack standing.”

Jeff Barker of The Baltimore Sun reports that “Supreme Court side-steps definitive ruling in Maryland congressional redistricting case.”

Mark Sherman of The Associated Press has a report headlined “Justices: No definitive ruling on partisan districts.”

Andrew Chung and Lawrence Hurley of Reuters report that “Supreme Court declines to curb electoral map manipulation.”

Greg Stohr of Bloomberg News reports that “Supreme Court Casts Doubt on Statewide Gerrymandering Challenges.”

Ariane de Vogue and Eli Watkins of CNN report that “Supreme Court sidesteps partisan gerrymandering cases, let maps stand for now.”

Josh Gerstein of Politico reports that “Supreme Court punts on partisan gerrymandering cases.”

Lydia Wheeler of The Hill reports that “Supreme Court sidesteps partisan gerrymandering in Wisconsin, Maryland cases.”

Todd Ruger of Roll Call reports that “Supreme Court Punts on Partisan Gerrymandering Cases; Justices turn aside case dealing with Wisconsin maps, ruled narrowly on Maryland case.”

Sam Levine of HuffPost reports that “Supreme Court Punts On Partisan Gerrymandering; This case has been one of the most closely watched this term.”

And Chris Geidner of BuzzFeed News reports that “The Supreme Court Just Sidestepped Questions About How Courts Can Decide If Redistricting Is Too Partisan; In a pair of cases, the justices avoided providing answers about whether and how partisan gerrymandering claims can be resolved by courts.”

Posted at 1:07 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued five rulings in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Rosales-Mireles v. United States, No. 16-9493. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Chavez-Meza v. United States, No. 17-5639. Justice Anthony M. Kennedy issued a dissenting opinion, in which Justices Sotomayor and Elena Kagan joined. And Justice Neil M. Gorsuch did not take part in the decision. You can access the oral argument via this link.

3. Justice Kennedy delivered the opinion of the Court in Lozman v. Riviera Beach, No. 17-21. Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

4. Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Gill v. Whitford, No. 16-1161. Justice Kagan issued a concurring opinion, in which Justices Ruth Bader Ginsburg, Breyer, and Sotomayor joined. And Justice Thomas issued an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. You can access the oral argument via this link.

5. And the Court issued a unanimous per curiam decision affirming the judgment in Besinek v. Lamone, No. 17-333. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman