How Appealing

Tuesday, July 17, 2018

“Pat Toomey used Senate tradition to block an Obama Pa. judicial pick. GOP leaders won’t give Bob Casey the same deference.” Jonathan Tamari of The Philadelphia Inquirer has this report.

Posted at 10:30 PM by Howard Bashman

“DC Circ. Nixes Ruling On Copyrighted Regulations”: Bill Donahue of has a report (subscription required for full access) that begins, “The D.C. Circuit ruled Tuesday on a closely watched case over copyright protection for private industry rules that are later transformed into federal law, tossing out a lower court’s decision but leaving ‘far thornier’ constitutional questions for another day.”

Thomas Claburn of The Register has a report headlined “Y’know . . . Publishing tech specs may be fair use, says appeals court; Expect this one to be argued all the way to the Supremes.”

And Electronic Frontier Foundation issued a news release titled “Win for Public Right to Know: Court Vacates Injunction Against Publishing the Law; Industry Groups Want to Control Access to Legal Rules and Regulations.”

You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 10:18 PM by Howard Bashman

“Appeals Court Won’t Take Up Copyright Decision That Raised Alarm About Embedding, Linking; The 2nd Circuit denies an immediate appeal in a case that challenges how news organizations used embedded photos of Tom Brady”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 10:03 PM by Howard Bashman

“6th Circuit delivers a lovely gift to class action plaintiffs. Will it stand?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:44 PM by Howard Bashman

“How Kavanaugh’s Last Confirmation Hearing Could Haunt Him: Two Democrats feel that the Supreme Court nominee misled them about his awareness of terror-detainee policy during the Bush administration.” David A. Graham of The Atlantic has this report.

Posted at 9:36 PM by Howard Bashman

“GOP justices weigh fate of redistricting plan”: Jonathan Oosting has this front page article in today’s edition of The Detroit News.

This afternoon, Oosting has a related article headlined “Schuette set to fight redistricting proposal in Michigan Supreme Court.”

And online at Slate, Eli Savit has a jurisprudence essay titled “Democracy on the Ballot: Michigan voters want a chance to end partisan gerrymandering; Republican judges might not let them.”

Posted at 8:32 PM by Howard Bashman

“What We Think About Supreme Court Hearings Is Wrong: No, the modern era isn’t producing less — or more — forthcoming responses on judicial philosophy.” Law professor Stephen L. Carter has this essay online at Bloomberg View.

Posted at 8:17 PM by Howard Bashman

“The Loss of the Filibuster and Judicial Confirmation Reform”: David Super has this post at the “Balkinization” blog.

Posted at 7:30 PM by Howard Bashman

“California’s top court to decide what officers must do to escape liability in pursuit accidents”: Maura Dolan and James Queally have this front page article in today’s edition of The Los Angeles Times.

Posted at 1:50 PM by Howard Bashman

“Judge lifts controversial order requiring the L.A. Times to alter article about ex-Glendale cop”: Victoria Kim of The Los Angeles Times has this report.

Posted at 1:46 PM by Howard Bashman

“Abilenians fondly regard Ashley Estes, wife of Trump Supreme Court nominee Brett Kavanaugh”: Greg Jaklewicz and Timothy Chipp of The Abilene (Tex.) Reporter-News have this report.

Posted at 1:38 PM by Howard Bashman

“Brett Kavanaugh Repeatedly Ruled in Favor of the Security State, Most Recently for the CIA — and Against Me”: Jefferson Morley has this post at The Intercept.

Posted at 1:32 PM by Howard Bashman

“Hospitals Challenge Medicare Payments, With Help From Judge Kavanaugh”: Robert Pear has this article in today’s edition of The New York Times.

Posted at 1:25 PM by Howard Bashman

“KC’s ‘top-notch’ immigration lawyer on her immigrant roots and Supreme Court win”: Rick Montgomery of The Kansas City Star has this report.

Posted at 1:16 PM by Howard Bashman

“The Private-School Persuasion of the Supreme Court: Brett Kavanaugh, Trump’s latest nominee for the bench, graduated from a Catholic high school; So did four of the current Justices.” Alia Wong of The Atlantic has this report.

Posted at 1:11 PM by Howard Bashman

“India’s Battle for Same-Sex Love: A colonial-era law that criminalizes homosexual sex is viewed by many as a blot on the idea of India as a liberal democracy.” Online at The New York Times, Sandip Roy has an essay that begins, “Five judges on India’s Supreme Court are hearing a challenge to a law that criminalizes homosexual sex — Section 377 of the Indian Penal Code, introduced by British colonial authorities in 1861 and kept on the books in independent India.”

Posted at 1:00 PM by Howard Bashman

“Trump-Appointed Judge Bemoans the ‘Moral Tragedy’ of Abortion, Accuses Lower Court of Anti-Christian Bias”: Mark Joseph Stern has this essay online at Slate.

Posted at 11:38 AM by Howard Bashman

“Why Canada’s Supreme Court appointments are nothing like America’s circus: By and large, we’re lucky that the forces that produced America’s deeply partisan Supreme Court appointment process don’t really exist anywhere else.” Attorney Adam Goldenberg has this essay online at Maclean’s.

Posted at 11:34 AM by Howard Bashman

“Another View of Judge Kavanaugh and ‘The Artful Dodge'”: Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 11:04 AM by Howard Bashman

“Ryan Nelson — Nominee to the U.S. Court of Appeals for the Ninth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 10:40 AM by Howard Bashman