How Appealing



Wednesday, October 17, 2018
Tuesday, October 16, 2018

“Trump Ripped For Comparing Scrutiny on Saudi Arabia to Kavanaugh Allegations: ‘Idiotic Beyond Words.'” Caleb Ecarma has this post at Mediaite.

Posted at 11:32 PM by Howard Bashman



“Ruling: Kansas gun law no defense to federal firearm charges.” Roxana Hegeman of The Associated Press has a report that begins, “An appeals court on Tuesday upheld the firearms convictions against two Kansas men who mistakenly believed that a Kansas law can shield from federal prosecution anyone owning firearms made, sold and kept in the state.”

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

Posted at 11:22 PM by Howard Bashman



“Lead Counsel for Harvard in Bias Trial Recalls His Run-Ins With Discrimination”: Anemona Hartocollis will have this article in Wednesday’s edition of The New York Times.

Posted at 11:02 PM by Howard Bashman



“Chief Justice Roberts Emphasizes Supreme Court’s Independence; In first comments on Kavanaugh controversy, jurist says, ‘We serve one nation'”: Brent Kendall of The Wall Street Journal has this report.

Posted at 10:15 PM by Howard Bashman



“One Of Trump’s Enduring Legacies Will Be On The Courts”: Carrie Johnson had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 7:45 PM by Howard Bashman



“Who Can Stop The Supreme Court? Congress and the president have historically reined in the justices when they’ve gone against public opinion.” Amelia Thomson-DeVeaux has this post at FiveThirtyEight.

Posted at 7:42 PM by Howard Bashman



“Six Ways to Fix the Supreme Court Confirmation Process: The Kavanaugh-Ford hearing will be remembered for the virtually complete breakdown of competent, credible inquiry; Something needs to change.” Law professor Bob Bauer has this essay online at The Atlantic.

Posted at 7:26 PM by Howard Bashman



“How to Fix the Supreme Court: Weaken It; The nation’s founders didn’t want an all-powerful court, and the Constitution provides the means for restoring its lesser role in government.” Lawrence Goldstone has this essay online at The New Republic.

Posted at 6:16 PM by Howard Bashman



“Harvard Cites Weaker Teacher Recommendations for Asian-American Applicants; Teacher input contributes to Asian-American applicants’ lower personal ratings, a central point in the university’s discrimination trial”: Melissa Korn and Nicole Hong of The Wall Street Journal have this report.

Posted at 5:03 PM by Howard Bashman



Is the GOP unfairly rushing to confirm Rushing? Today, the Alliance for Justice issued a news release titled “AFJ: Fourth Circuit Nominee Not Ready for Prime Time.” The organization’s report on the nominee can be accessed here.

Late last month, Abby Kingsley of The Chronicle of Duke University had an article headlined “Duke Law alum may soon be youngest federal judge confirmed in more than 15 years.”

And in current coverage, Niels Lesniewski of Roll Call reports that “Chuck Grassley and Dianne Feinstein Again Sparring Over Judicial Nominations Schedule; Argument about October nomination hearings could be Kavanaugh fallout.”

Elana Schor of Politico reports that “Dems fume as GOP advances Trump judicial picks during Senate recess.”

Jordain Carney of The Hill reports that “Dems angered by GOP plan to hold judicial hearings in October.”

And Paul LeBlanc of CNN reports that “Grassley rejects Democrats plea to delay judicial hearings until after recess.”

The agenda for tomorrow’s Senate Judiciary Committee confirmation hearing, featuring Fourth Circuit nominee Allison Jones Rushing, can be accessed here.

Posted at 3:40 PM by Howard Bashman



“Harvard Admissions Dean Testifies as Affirmative Action Trial Begins”: Anemona Hartocollis has this article in today’s edition of The New York Times. And in commentary, Robert Rhew has an essay titled “The Shared Benefits of Affirmative Action: As an Asian-American alumnus of Harvard, I know it’s incorrect to think of race-conscious admissions policies as helping just the lucky few.”

Nick Anderson of The Washington Post reports that “Harvard admissions trial opens with university accused of bias against Asian Americans.”

In today’s edition of The Boston Globe, Deirdre Fernandes has a front page article headlined “As trial begins, Harvard’s admissions are under scrutiny.”

Alexandra A. Chaidez, Delano R. Franklin, and Samuel W. Zwickel of The Harvard Crimson report that “Harvard, Students for Fair Admissions Do Battle Over Discrimination on Day One of Trial.”

And Joan Biskupic of CNN reports that “Harvard trial opens with challenge to recruitment practices.”

Posted at 8:56 AM by Howard Bashman



Monday, October 15, 2018

“U.S. appeals court expresses concern about sting operations that overwhelmingly target blacks and Latinos”: Maura Dolan of The Los Angeles Times has an article that begins, “A federal appeals court made it easier Monday for people snagged in ‘reverse sting’ operations to seek evidence that the government targeted blacks and Latinos. The 2-1 decision by the U.S. 9th Circuit Court of Appeals portrayed a troubling effort by federal law enforcement to lure blacks and Latinos to participate in purported robberies of fictitious stash houses.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:52 PM by Howard Bashman



Fifth Circuit grants rehearing en banc to consider whether double jeopardy requires the invalidation of Louisiana state court second-degree murder conviction: You can access last Friday’s order of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc at this link. Lisa Addison of The American Press of Lake Charles, Louisiana has this report on the grant of rehearing.

The unanimous original three-judge panel’s now-vacated ruling that set aside the second-degree murder conviction based on double jeopardy can be accessed here.

Posted at 10:40 PM by Howard Bashman



“The Underlying Attack in the Harvard Admissions Lawsuit”: Jeffrey Toobin has this post online at The New Yorker.

Posted at 9:05 PM by Howard Bashman



“Harvard Admissions Chief Defends Policies in First Day of Trial; Plaintiffs use internal documents to show different test scores used to target different ethnicities for recruitment”: Nicole Hong and Melissa Korn will have this article in Tuesday’s edition of The Wall Street Journal.

Also in Tuesday’s edition of that newspaper, columnist William McGurn will have an op-ed titled “What Hillsdale Can Teach Harvard: Give up federal dollars, and you can run your admissions the way you want.”

Posted at 8:50 PM by Howard Bashman



“Packing the Supreme Court Is a Terrible Idea: Democrats paid a political cost for decades after F.D.R. tried it in the 1930s. They probably would again.” Julian E. Zelizer has this essay online at The New York Times.

Posted at 8:45 PM by Howard Bashman



“American Bar Association drops review of Kavanaugh”: Ariane de Vogue of CNN has a report that begins, “The American Bar Association will no longer review its ‘well qualified’ rating of Justice Brett Kavanaugh now that the Senate confirmed him, an ABA official told CNN Monday.”

Posted at 6:12 PM by Howard Bashman



“Lawyer says Harvard ‘let the wolf of racial bias in through the front door'”: Deirdre Fernandes of The Boston Globe has this report.

Posted at 2:40 PM by Howard Bashman



“The Harvard Admissions Trial Starts Today. Here’s What You Need to Know.” Delano R. Franklin and Samuel W. Zwickel of The Harvard Crimson have this report. The newspaper also has a related article headlined “Hundreds Gather for Dueling Demonstrations Ahead of Harvard Admissions Trial.”

And in other coverage, The Crimson has an article headlined “Meet Three of the Lawyers Defending Harvard’s Race-Conscious Admissions Policies.”

Shera S. Avi-Yonah reports that “Harvard Admissions Dean Emails ‘Key Points’ of School’s ‘Narrative’ to Alumni Interviewers Ahead of Trial.”

Jonah S. Berger reports that “UC Defends Affirmative Action, Calls for Changes to Admissions Process.”

And in commentary, Elyse D. Pham has an essay titled “Fellow Asian-Americans, Back Off of Affirmative Action.”

Posted at 1:35 PM by Howard Bashman



“Does Harvard Treat Asian-American Applicants Unfairly? The Case Goes To Trial.” Kirk Carapezza had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 1:22 PM by Howard Bashman



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

Posted at 1:11 PM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

And in Brown v. United States, No. 17-9276, Justice Sonia Sotomayor issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari.

Posted at 9:58 AM by Howard Bashman