How Appealing



Thursday, July 19, 2018

“DOJ’s amicus brief in SCOTUS cy pres case contains ominous hint for class action bar”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 5:45 PM by Howard Bashman



“Kavanaugh, Mueller and Efforts to Have it Both Ways on Morrison”: Steve Vladeck has this post at the “Lawfare” blog.

Posted at 5:36 PM by Howard Bashman



“Senate GOP withdraws judicial nominee Ryan Bounds, delivering a blow to Trump’s court plans”: Karoun Demirjian and Seung Min Kim of The Washington Post have this report.

Alex Swoyer of The Washington Times reports that “Senators dismiss Trump’s judicial nominee for 9th Circuit.”

Samuel Chamberlain of Fox News reports that “Trump appeals court nominee withdraws amid outcry over college writings.”

And Andrew Desiderio of The Daily Beast reports that “GOP Sen. Tim Scott Sinks Trump Nominee Over Past Racist Writings; The only black Republican senator took issue with Ryan Bounds’ racially charged past writings.”

Posted at 4:06 PM by Howard Bashman



“Senate majority leader withdraws Oregon federal prosecutor as judicial nominee”: Maxine Bernstein of The Oregonian has an article that begins, “U.S. Senate Majority Leader Mitch McConnell, R-Kentucky, on Thursday suddenly withdrew the nomination of Oregon federal prosecutor Ryan Bounds for the vacancy on the 9th U.S. Circuit Court of Appeals on the floor of the Senate without comment. McConnell’s move came about 2:30 p.m. Eastern time, about 45 minutes after a vote on Bound’s confirmation had been scheduled.”

Posted at 3:44 PM by Howard Bashman



“Circuit Court nomination pulled moments before vote over racially insensitive writing”: Phil Mattingly, Ariane de Vogue, and Ted Barrett of CNN have a report that begins, “The White House withdrew the nomination of Circuit Court hopeful Ryan Bounds on Thursday, moments before the nominee was to face his Senate confirmation vote and after South Carolina Republican Sen. Tim Scott raised concerns.”

And Roll Call reports that “White House Pulls Circuit Court Nominee at Last Minute; Ryan Bounds nomination to 9th Circuit was set to be voted down.”

Posted at 3:35 PM by Howard Bashman



“The Real Reason to Oppose Brett Kavanaugh: He spent a fortune on tickets for a woebegone baseball team.” Joe Sexton has this op-ed in today’s edition of The New York Times.

Posted at 2:44 PM by Howard Bashman



“LGBT advocates fear Kavanaugh’s votes on gay-rights issues”: Mark Sherman and Jennifer Peltz of The Associated Press have this report.

Posted at 2:36 PM by Howard Bashman



“‘Best Professor.’ ‘Very Evenhanded.’ ‘Great Hair!’: Brett Kavanaugh, as Seen by His Law Students.” Adam Liptak of The New York Times has this report.

Posted at 1:56 PM by Howard Bashman



“Trump Nominee Is Behind Anti-Union Legal Campaign”: In today’s edition of The New York Times, Noam Scheiber has an article that begins, “Even before the Supreme Court struck down mandatory union fees for government workers last month, the next phase of the conservative legal campaign against public-sector unions was underway.”

At the “Take Care” blog, Aaron Tang has a post titled “The Doomed — And Dangerous — Demand for Refunds from Public Sector Unions.”

And online at Slate, Jennifer Mueller has a jurisprudence essay titled “How the Janus Ruling Might Doom Public Pensions Next.”

Posted at 11:33 AM by Howard Bashman



“Reynolds won’t say if abortion issue will influence Iowa Supreme Court pick”: William Petroski of The Des Moines Register has this report.

Posted at 10:03 AM by Howard Bashman



“Kavanaugh’s role in Bush-era detainee debate now an issue in his Supreme Court nomination”: Michael Kranish has this front page article in today’s edition of The Washington Post.

Posted at 9:55 AM by Howard Bashman



Wednesday, July 18, 2018

“R.I. judge rules for Brown in Jane Doe case; Rules that Title IX does not ‘address all instances’ of campus sexual assault”: Katie Mulvaney of The Providence (R.I.) Journal had this article back in September 2017.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued this decision affirming the district court’s entry of judgment on the pleadings against the plaintiff.

Posted at 11:10 PM by Howard Bashman



“Measure to split California into three states removed from ballot by the state Supreme Court”: Maura Dolan of The Los Angeles Times has this report.

Taryn Luna of The Sacramento Bee has an article headlined “Remove three Californias plan from the ballot, Supreme Court says.”

Valerie Richardson of The Washington Times reports that “California Supreme Court blocks initiative to split state into three; Questions raised about Cal 3’s constitutionality.”

And at the “At the Lectern” blog, David Ettinger has a post titled “Supreme Court removes split-California initiative from November ballot, with possibility of a vote at a future election.”

You can view today’s order of the Supreme Court of California via this link (scroll down).

Posted at 10:54 PM by Howard Bashman



“UT: Professors have academic freedom, despite what we say in court.” Ralph K.M. Haurwitz of The Austin American-Statesman has an article that begins, “In defending its policy allowing the concealed carry of handguns in classrooms, the University of Texas has taken a surprising position in a federal appeals court — that individual professors do not have academic freedom.”

Posted at 10:32 PM by Howard Bashman



“Why I personally know Brett Kavanaugh will make a great Supreme Court judge; People should give Brett Kavanaugh a chance; After knowing him for 38 years, I’m confident he’ll make a wonderful Supreme Court Justice”: Kevin B. Dowd has this essay online at IrishCentral. Kevin is the brother of New York Times columnist Maureen Dowd.

Posted at 10:18 PM by Howard Bashman



“Abbott’s counsel OK’d for appellate court, with all Democrats voting no”: Maria Recio of The Austin American-Statesman has this report.

Kevin Diaz of The Houston Chronicle reports that “Gov. Abbott staffer Andrew Oldham confirmed to 5th Circuit Court of Appeals.”

Rachel Cohrs of The Dallas Morning News reports that “Senate narrowly confirms Texan Andrew Oldham to federal appeals court.”

And Jennifer Bendery of HuffPost reports that “Senate Confirms Trump Court Pick With Record Of Attacking Voting Rights; More than 200 civil rights groups opposed Andrew Oldham, but every Republican voted to make him a lifetime federal judge.”

Posted at 10:14 PM by Howard Bashman



“Senate GOP breaks record on confirming Trump picks for key court”: Jordain Carney of The Hill has a report that begins, “Senate Republicans broke a record on Wednesday for the number of appeals court judges confirmed during a president’s first two years.”

Posted at 10:08 PM by Howard Bashman



“Challenge to Texas’ fetus burial law could provide first abortion test for new Supreme Court”: Alex Swoyer of The Washington Times has this report.

Posted at 10:05 PM by Howard Bashman



“Online publishers face tough choice after 2nd Circuit refuses ’embedded links’ appeal”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 6:16 PM by Howard Bashman



“Senate confirms a top Abbott adviser, Andrew Oldham, to the 5th Circuit Court of Appeals; Oldham is the third Texas nominee to be confirmed to the powerful, conservative-leaning appeals court since President Donald Trump took office”: Emma Platoff of The Texas Tribune has this report.

Update: You can access the official roll call tally, confirming this judicial nomination by a vote of 50-to-49, at this link.

Posted at 3:18 PM by Howard Bashman