How Appealing



Tuesday, March 5, 2019

Register now to attend the 2019 Justice Donald L. Corbin Appellate Symposium, taking place March 28 & 29, 2019 in Fayetteville, AR: You can register via this link. I will be attending both days of the symposium, and I will be speaking on the morning of the first day about a topic of particular interest to me, “Courts in the age of ‘New Media’: Seeking to Counteract the Decline in Mainstream Media Coverage of Appellate Courts.”

Kannon Shanmugam — who now has his own Instagram account and who is learning to master the NYC subway system like a boss (Instagram photos to confirm forthcoming) — will be speaking about the latest developments at the U.S. Supreme Court.

And plenty of federal and state appellate judges will be participating in the program — too many to list in the time I have allocated myself to draft and publish this blog post. The “ArkansasAppeais” blog has compiled this list of speakers.

I’m told that Fayetteville is a lovely college town, and I look forward to seeing many “How Appealing” readers at what will be my first-ever speaking appearance in Arkansas.

Posted at 11:56 AM by Howard Bashman



Monday, March 4, 2019

“Supreme Court Won’t Hear Case on Church Repairs Using Tax Money”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Kavanaugh questions restrictions on churches using preservation grants.”

Richard Wolf of USA Today reports that “Supreme Court refuses to hear church requests for historic preservation funds.”

Alex Swoyer of The Washington Times reports that “Supreme Court turns down case about NJ ban on historic preservation funds for houses of worship; Kavanaugh says issue has to be resolved by the court ‘at some point.’

Jonathan D. Salant of NJ Advance Media reports that “Tax dollars can’t be used to fix up old churches after U.S. Supreme Court says it won’t get involved in N.J. case.”

Pete Williams of NBC News reports that “Supreme Court won’t take New Jersey church case; Three of the court’s conservatives said the broader issue of whether states could deny historic preservation funds to churches must be addressed in some future case.”

Jessica Gresko of The Associated Press reports that “High court declines New Jersey preservation grants case.”

Andrew Chung of Reuters reports that “U.S. high court turns away religious rights case over church grants.”

Greg Stohr of Bloomberg News reports that “Kavanaugh Criticizes ‘Pure Discrimination’ Against Churches.”

Ariane de Vogue of CNN reports that “Justice Brett Kavanaugh signals court should take up religious liberty case in the future.”

Carolyn Salazar of Fox News reports that “Kavanaugh slams ‘pure discrimination’ against churches as court declines to hear religious liberty case.”

And Lydia Wheeler of The Hill reports that “Supreme Court refuses to hear church fight for historic preservation funds.”

Posted at 11:11 PM by Howard Bashman



“Alsup to 9th Circuit: My only goal is to be sure class settlements are fair.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:10 PM by Howard Bashman



“New ‘dark money’ group led by Trump judicial adviser tied to network promoting his court picks”: Anna Massoglia and Andrew Perez recently had this report online at OpenSecrets.

Posted at 8:32 PM by Howard Bashman



“The Temptation of John Roberts: America needs a court in its proper place, and Justice Roberts should remember a fundamental truth — the chief’s institution needs the chief’s originalism.” David French has this essay online at National Review.

Posted at 8:30 PM by Howard Bashman



“Precedent, Meet Clarence Thomas. You May Not Get Along.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:22 PM by Howard Bashman



“Gideon Who? The Conservative War on Your Right to Counsel; Here come Justices Thomas and Gorsuch to drag us back a century.” Andrew Cohen has this essay online at the Brennan Center for Justice.

Posted at 3:16 PM by Howard Bashman



“Eric Holder to stump for Wisconsin Supreme Court candidate Lisa Neubauer”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 1:50 PM by Howard Bashman



“Supreme Court lets stand $4-million verdict against L.A. County deputies in shooting”: David G. Savage of The Los Angeles Times has this report.

Posted at 1:42 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases.

1. Justice Brett M. Kavanaugh delivered the opinion for a unanimous Court in Rimini Street, Inc. v. Oracle USA, Inc., No. 17-1625. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in BNSF R. Co. v. Loos, No. in 17-1042. Justice Neil M. Gorsuch issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

3. And Justice Ginsburg delivered the opinion for a unanimous Court in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, No. 17-571. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



“Judge Joseph Bianco — Nominee to the U.S. Court of Appeals for the Second Circuit”: Jess Pezley has this post at “The Vetting Room” blog.

Posted at 9:55 AM by Howard Bashman



“The Maestro”: Last Tuesday, the fifth installment of the “Over My Dead Body” podcast focusing on the murder of law professor Dan Markel was posted online, and you can access it via this link.

Posted at 9:50 AM by Howard Bashman



“Ep. 3: Make Us Serve.” Last Friday, while I was away on a week-long vacation in sunny Florida, “The Ginsburg Tapes with Lauren Moxley” podcast posted its newest episode online at this link.

Posted at 9:45 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.

And in Morris County Board of Chosen Freeholders v. Freedom from Religion Foundation, No. 18–364, Justice Brett M. Kavanaugh issued a statement, in which Justices Samuel A. Alito, Jr. and Neil M. Gorsuch joined, respecting the denial of certiorari.

Posted at 9:37 AM by Howard Bashman



Sunday, March 3, 2019

“5 things to know about Georgia death row case with ‘racist juror'”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “The U.S. Supreme Court on Monday is expected to decide whether it will reopen an appeal brought by Georgia inmate Keith Tharpe who contends a juror’s racist views prejudiced his decision to send Tharpe to death row.”

Posted at 11:09 PM by Howard Bashman



“McGahn joins global law firm — and remains involved in Trump’s judicial choices”: Robert Costa of The Washington Post has this report.

Posted at 11:03 PM by Howard Bashman



“On Bourbon Street, battle of Huge Ass Beers vs. Giant Ass Beer lands in New Orleans court”: Ian McNulty of The New Orlean Advocate has this report.

Posted at 10:12 PM by Howard Bashman



“Des Moines’ dangerous animal ordinance is affirmed when the Supreme Court deadlocks, putting Pinky the dog back in limbo”: Lucas Grundmeier of The Des Moines Register has this report on an order that the Supreme Court of Iowa issued on Friday.

Interestingly, precedent from the Supreme Court of Iowa provides that where the Court of Appeals reversed a trial court’s judgment, and the Supreme Court of Iowa is evenly divided on the outcome, it is the trial court’s ruling (rather than the Court of Appeals’ ruling) that is affirmed by an evenly divided court. I am curious to learn whether a deadlock in any other state court of last resort has the effect of affirming the trial court’s judgment where the intermediate appellate court had decided that the trial court’s judgment should be reversed or vacated.

Posted at 8:56 PM by Howard Bashman



“Will the Supreme Court Finally Protect the Right Not to Work on the Sabbath? Four decades ago, I witnessed the court fail to protect the religious freedom of employees; Next week, it may finally redeem itself and grant religious Americans the protection they deserve.” Attorney Nathan Lewin has this essay online at Tablet Magazine.

Posted at 8:42 PM by Howard Bashman



“Clarence Thomas is right: Here’s why Supreme Court should revisit libel law overreach; The Supreme Court has never given a convincing reason why ‘public figures’ should be treated the same as ‘public officials.'” Law professor Glenn Harlan Reynolds has this essay online at USA Today.

Posted at 8:30 PM by Howard Bashman



“Justice Evan Jenkins: $32,000 Supreme Court Couch Is Damaged.” Joselyn King of The Intelligencer of Wheeling, West Virginia has an article that begins, “West Virginia’s infamous $32,000 blue suede couch still sits at the West Virginia Supreme Court of Appeals — and it has a rip in it, according to new Justice Evan Jenkins.”

Posted at 8:11 PM by Howard Bashman



“Five finalists named for open Arizona Supreme Court spot; Bill Montgomery not on the list”: Maria Polletta of The Arizona Republic has this report.

Posted at 8:03 PM by Howard Bashman