How Appealing



Sunday, October 21, 2018

“‘NYT’ Reporter Digs Into Conservative Group’s Secret Judicial Training Program”: This audio segment featuring Adam Liptak appeared on yesterday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 2:02 PM by Howard Bashman



Saturday, October 20, 2018

“After outpouring of personal stories, Congress still grappling with Kavanaugh confirmation fallout”: Clare Foran of CNN has this report.

Posted at 10:50 PM by Howard Bashman



“Ed Whelan theory of Christine Ford’s mistaken identification of Kavanaugh ultimately prevailed; Susan Collins believed that Ford was sexually assaulted, just not by Kavanaugh, a theory floated by Whelan, though Collins did not name a suspect”: William A. Jacobson has this post today at his “Legal Insurrection” blog.

Posted at 10:40 PM by Howard Bashman



“SF judge throws out charges against homeless people camping on sidewalk”: Bob Egelko of The San Francisco Chronicle has an article that begins, “A San Francisco judge dismissed criminal charges Thursday against three homeless people who were arrested for camping or sleeping on the streets, a decision that follows a federal appeals court ruling barring cities from prosecuting such cases when no shelters are available.”

Posted at 1:37 PM by Howard Bashman



“Democrats think they can flip a key seat on the NC Supreme Court. Here are the candidates.” Will Doran of The News & Observer of Raleigh, North Carolina has this report.

Posted at 10:54 AM by Howard Bashman



“Judges appear skeptical of a nationwide injunction that bars exemptions to birth control mandate”: Maura Dolan of The Los Angeles Times has this report.

And Helen Christophi of Courthouse News Service reports that “Ninth Circuit May Lift Block of Trump Contraceptives Exemptions.”

The U.S. Court of Appeals for the Ninth Circuit has posted on YouTube at this link the video of yesterday’s oral argument before a three judge panel consisting of Circuit Judge Susan P. Graber and Senior Circuit Judges J. Clifford Wallace and Andrew J. Kleinfeld. The Ninth Circuit also provides via this link free access to the briefs filed in this appeal.

Posted at 10:40 AM by Howard Bashman



Friday, October 19, 2018

“Swift Justice: New Appellate Judge Courts Trouble With Traffic Cops; Ryan Nelson has racked up more than a dozen speeding tickets; ‘maybe he will bring a little bit of empathy to recidivists.'” In Saturday’s edition of The Wall Street Journal, James V. Grimaldi and Alexa Corse will have a front page article that begins, “Ryan D. Nelson is a man in a hurry — really, in a hurry.”

And one week ago today, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled “Senate Confirms Idaho Attorney Ryan D. Nelson to Seat on Ninth Circuit Court of Appeals.”

Posted at 9:27 PM by Howard Bashman



“Harvard’s Admissions Process, Once Secret, Is Unveiled in Federal Court”: Anemona Hartocollis of The New York Times has this report.

Posted at 9:16 PM by Howard Bashman



“Some Of Trump’s Judicial Nominees Have Private Twitter Accounts They Aren’t Sharing With The Public; Nominees have to tell the Senate Judiciary Committee about ‘published writings’; Some disclose Twitter and Facebook accounts; Others don’t”: Zoe Tillman of BuzzFeed News has this report.

Posted at 5:37 PM by Howard Bashman



“The GOP Doesn’t Trust Women: Not when it comes to sexual assault accusations and not with the decision to terminate a pregnancy.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 1:40 PM by Howard Bashman



“Asian-American Harvard Applicants Saw Lowest Admit Rate of Any Racial Group From 1995 to 2013, Court Filings Show”: Shera S. Avi-Yonah and Molly C. McCafferty of The Harvard Crimson have this report.

Posted at 1:32 PM by Howard Bashman



“Supreme Court: Conservative groups see opportunities to cut regulation, shore up property rights.” Richard Wolf of USA Today has this report.

Posted at 1:05 PM by Howard Bashman



At 11:30 a.m. eastern time (8:30 a.m. pacific time) you can view live, online the Ninth Circuit oral argument in California v. Little Sisters of the Poor: On YouTube, via this link. The Ninth Circuit is providing free access to the briefs filed on appeal in this case via this link.

According to the Ninth Circuit’s oral argument calendar for this sitting, the three-judge panel assigned to hear and decide this case consists of Circuit Judge Susan P. Graber and Senior Circuit Judges J. Clifford Wallace and Andrew J. Kleinfeld.

Posted at 11:02 AM by Howard Bashman



“AP-NORC Poll: Just 1 in 4 thinks Kavanaugh told entire truth.” Alan Fram of The Associated Press has this report.

You can access the detailed poll results directly at this link, while additional background can be accessed here.

Posted at 10:36 AM by Howard Bashman



Thursday, October 18, 2018

“On Kavanaugh and the Supreme Court’s Future: The Court’s ideological majorities are always apt to evolve.” Conrad Black has this essay online at National Review.

Posted at 10:22 PM by Howard Bashman



“Justice Sotomayor to SBU students: ‘It’s not your journey alone’; Sonia Sotomayor’s memoir, ‘My Beloved World,’ was required reading for freshmen in the First Year Reading Program; Wednesday’s event drew about 3,000 students”: Keshia Clukey of Newsday has this report.

Posted at 9:48 PM by Howard Bashman



“Deep In The Desert, A Case Pits Immigration Crackdown Against Religious Freedom”: Ryan Lucas had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 9:00 PM by Howard Bashman



“Justice Neil Gorsuch’s Speech to Catholic Group Closed to the Media; Recent weeks have seen other Supreme Court justices allow coverage of their remarks at events”: Jess Bravin of The Wall Street Journal has an article that begins, “Supreme Court Justice Neil Gorsuch’s doctoral study on a conservative philosophy called natural law is a prime reason right-leaning legal thinkers recommended him to President Trump.”

Posted at 7:37 PM by Howard Bashman



“The Harvard Trial Doesn’t Matter: The lawyers challenging the university are testing out their arguments to see which ones stick ahead of a potential appeal to the Supreme Court.” Adam Harris of The Atlantic has this report.

Posted at 5:22 PM by Howard Bashman



“Kavanaugh’s emotions showed he’s human. That’s a good thing in a Supreme Court justice. Kavanaugh’s emotional testimony isn’t disqualifying for the Supreme Court. I’ve been around judges my whole life. It’s the robotic ones who terrify me.” Columnist Ruben Navarrette Jr. has this essay online at USA Today.

Posted at 4:20 PM by Howard Bashman



“Jimmy Carter: Brett Kavanaugh ‘Unfit’ to Serve on Supreme Court.” Michelle Lou of The Emory Wheel, the student newspaper of Emory University, has an article that begins, “Former U.S. President and Emory University Distinguished Professor Jimmy Carter said on Wednesday that he believes Supreme Court Justice Brett Kavanaugh is ‘unfit’ to serve on the nation’s most powerful judicial body.”

Posted at 4:15 PM by Howard Bashman



“Jueza de la Corte Suprema Sonia Sotomayor habla de su vida, Puerto Rico y Brett Kavanaugh”: Univision has posted online this video excerpt of an interview with Justice Sonia Sotomayor.

Posted at 4:08 PM by Howard Bashman



“Feinstein says she would ‘absolutely’ favor reopening Kavanaugh investigation next year”: John Wagner of The Washington Post has this report.

Bridget Bowman of Roll Call reports that “Feinstein ‘Absolutely’ Supports Revisiting Kavanaugh Allegations, She Says in Debate; California Democrat was asked about further investigating sexual assault claims.”

And Andrew O’Reilly of Fox News reports that “Feinstein wants Kavanaugh sexual misconduct investigation reopened if Dems take Senate.”

Posted at 4:02 PM by Howard Bashman



“Two ways Democrats can remove Kavanaugh — without impeaching him: Impeachment would be a hyperpartisan spectacle; But it’s not the only disciplinary option.” Law professor Aziz Huq has this essay online at The Washington Post.

Posted at 3:52 PM by Howard Bashman



“Clinic Presses Government to Release Documents About Prison Email Monitoring”: Michael Bazeley of Berkeley Law has a report that begins, “The law school’s Samuelson Law, Technology and Public Policy Clinic filed a lawsuit today in federal court to compel the Federal Bureau of Prisons and Department of Justice to release records related to the monitoring of email messages between federal inmates and their attorneys.”

This issue is likely to be of particular interest to lawyers who represent federal criminal defendants on appeal.

Posted at 3:12 PM by Howard Bashman