How Appealing



Wednesday, January 9, 2019

“Heterosexual Woman Tries to Revive Sex Orientation Bias Claims”: Robert Iafolla of Bloomberg Law has a report (subscription required for full access) that begins, “A heterosexual woman will try to convince a federal appeals court that she can sue her former employer for sexual orientation discrimination, adding a new element to the already-simmering legal debate over LGBT rights in the workplace.”

You can access via this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

Posted at 11:34 PM by Howard Bashman



“McCormack chosen to lead Michigan Supreme Court”: Nolan Finley of The Detroit News has an article that begins, “Women completed their sweep of Michigan’s top state offices Wednesday with the election of Bridget McCormack as chief justice of the Michigan Supreme Court.”

Posted at 11:17 PM by Howard Bashman



“Supreme Court Weighs Core Questions of Precedent and States’ Rights”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court considers whether predecessors made a mistake 40 years ago.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Reexamines Touchy Question of State Sovereignty; Case on using one state’s courts to sue another state opens broader discussion on when precedents should be allowed to stand.” And in commentary, today’s edition of that newspaper contains an editorial titled “A California-Nevada Tax Brawl; The Supreme Court gets another chance on state sovereign immunity.”

Richard Wolf of USA Today has an article headlined “Can a state be hauled into another state’s courts? Supreme Court tries to decide.”

Tim Ryan of Courthouse News Service reports that “High Court Weighs Extent of State Sovereignty.”

And at “SCOTUSblog,” Mark Walsh has a post titled “A ‘view’ from the courtroom: Comity Central.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Franchise Tax Bd. of Cal. v. Hyatt, No. 17-1299.

Posted at 11:03 PM by Howard Bashman



Programming note: The 2019 Appellate Judges Education Institute Summit will take place in Washington, DC this November. I remain on that organization’s Education Committee, which decides on the programming for the Summit. This evening and tomorrow morning, the Education Committee will be meeting in Washington, DC to agree on a list of programs for this year’s Summit. Because I will be in transit to the meeting this afternoon, additional posts will not appear here until tonight.

As always while I’m traveling, more frequent appellate-related tweets will likely appear on this blog’s Twitter feed.

Posted at 12:42 PM by Howard Bashman



“Which Supreme Court Cases Are Generating the Most Interest?” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 12:35 PM by Howard Bashman



“The Third Circuit’s courthouse should be renamed for Becker or Hastie”: Matthew Stiegler has this post at his “CA3blog.”

Two quick comments, neither of which pertains to the merits of this proposal. First, the Third Circuit doesn’t have its own courthouse. Rather, its headquarters are located in a courthouse that also contains the headquarters of the U.S. District Court for the Eastern District of Pennsylvania, which court is the building’s largest tenant if one counts numbers of floors occupied. And second, the naming or renaming of a federal courthouse requires legislation (see, e.g., here and here).

Posted at 11:00 AM by Howard Bashman



“Appeals court issues final ruling allowing DOE’s termination of MOX project”: Larry Taylor has this article in today’s edition of The Augusta (Ga.) Chronicle.

And Barbara Grzincic of Reuters has a report headlined “South Carolina cannot sue over shutdown of nuclear fuel recycling plant — 4th Circ.” (subscription required for full access).

You can access yesterday’s ruling of the U.S. Court of Appeals for the Fourth Circuit in South Carolina v. United States at this link.

Posted at 10:33 AM by Howard Bashman