How Appealing



Monday, March 11, 2019

“‘Court packing’ ideas get attention from Democrats”: Michael Scherer of The Washington Post has this report, accompanied by a photograph of a laughing Justice Elena Kagan.

Posted at 9:49 AM by Howard Bashman



Sunday, March 10, 2019

“North Dakota Supreme Court justice living a pipe dream”: In today’s edition of The Bismarck Tribune, Jack Dura has a front page article that begins, “Lisa Fair McEvers blew air into her bagpipes, careful not to be too loud as the drones began to sound.”

Posted at 9:42 PM by Howard Bashman



“The Democratic Candidates Should Tell Us Now Who They’ll Put on the Supreme Court; And they should choose nominees who will help dismantle mass incarceration”: Law professor James Forman Jr. will have this op-ed in Monday’s edition of The New York Times.

Posted at 9:35 PM by Howard Bashman



“Debates on Crosses and Confederate Monuments Don’t Belong in Courts; A case about the meaning of a World War I memorial should be up to the community, not the Supreme Court”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 5:07 PM by Howard Bashman



“Kansas Senate president yearns for constitutional showdown on education with Supreme Court”: Tim Carpenter has this front page article in today’s edition of The Topeka Capital-Journal.

Posted at 10:18 AM by Howard Bashman



“Voucher plan could be key test for Florida Supreme Court”: In yesterday’s edition of The St. Augustine Record, John Kennedy had a front page article that begins, “Florida lawmakers are racing ahead with another private-school voucher plan that could soon emerge as a critical test for a state Supreme Court recently recast by Republican Gov. Ron DeSantis.”

Posted at 10:14 AM by Howard Bashman



Saturday, March 9, 2019

“Trump to nominate Texas Supreme Court Justice Jeff Brown to the federal bench; If Brown is confirmed by the U.S. Senate, the state’s highest civil court would see its second vacancy in a period of months”: Emma Platoff of The Texas Tribune has this report.

Posted at 10:44 AM by Howard Bashman



“Outside spending in Supreme Court election heavily favors Lisa Neubauer over Brian Hagedorn”: Molly Beck of The Milwaukee Journal Sentinel has this report.

Posted at 10:40 AM by Howard Bashman



Friday, March 8, 2019

“Adnan Syed case: Maryland high court reinstates ‘Serial’ subject’s conviction.” Tim Prudente of The Baltimore Sun has this report.

Andrea Mandell of USA Today reports that “Appeals court denies Adnan Syed a new trial after ‘Serial’ podcast made him famous.”

Brian Witte of The Associated Press reports that “Court denies new trial in ‘Serial’ podcast murder case.”

Gabriella Borter of Reuters reports that “Maryland top court upholds ‘Serial’ murder conviction.”

My earlier coverage of today’s ruling of Maryland’s highest court can be accessed here.

Posted at 10:10 PM by Howard Bashman



“President Donald J. Trump Announces Judicial Nominees”: The White House today issued this news release, which includes the nomination of Texas Supreme Court Justice Jeff Brown to the U.S. District Court for the Southern District of Texas. Presumably the Camry of Justice will also be making the trip.

And another of the nominees for a Texas federal district judgeship is a former law clerk to Fifth Circuit Judge Don R. Willett from when Willett served on the Texas Supreme Court.

Posted at 4:25 PM by Howard Bashman



“Washington lawyer expects Supreme Court will take Pittsburgh rapper’s case”: Scott Mervis of The Pittsburgh Post-Gazette has this report.

Coincidentally, the “Washington lawyer” to whom this article’s headline refers just happens to currently serve as the petitioner’s counsel of record in the U.S. Supreme Court.

Update: The contents of the March 2018 issue of the Harvard Law Review were posted online today, and the issue includes this Recent Cases note about the Pa. Supreme Court‘s ruling (consisting of a majority opinion and a concurring and dissenting opinion) in Commonwealth v. Knox.

Posted at 2:00 PM by Howard Bashman



“Could a Philly killer’s appeal lead Pa. Supreme Court to abolish the death penalty?” Liz Navratil and Angela Couloumbis of The Philadelphia Inquirer have this report.

Posted at 1:53 PM by Howard Bashman



Thursday, March 7, 2019

“Fiery tribute: 3 Supreme Court justices get their own hot sauces; And no, we’re not talking about Kavanaugh, Gorsuch and Thomas.” Linda Zavoral of The San Jose Mercury News has this report.

According to the website where these hot sauces are offered for sale:

Roastin’ RBG is a red habanero hot sauce made with habanero peppers, carrots, fresh garlic and spices, but be careful, the spice level of this hot sauce is HOT.

Scathing Sotomayor is a green habanero hot sauce made from processed green habanero peppers, prickly pear cactus, fresh garlic, lime juice and spices that make this hot sauce spicy, flavorful and extra HOT.

Kickin’ Kagan is a jalapeño hot sauce made with ripe, red jalapeños, garlic, vinegar and spices. The perfect heat level when you are craving hot sauce without adding too much extra heat.

You can order the sauces via this link.

Posted at 10:45 PM by Howard Bashman



“Appeals Court Grants More Legal Protections for Migrants Seeking Asylum”: Miriam Jordan of The New York Times has this report.

Maria Sacchetti of The Washington Post reports that “Appeals court rules immigrant may seek judicial review of expedited deportation.”

Maura Dolan of The Los Angeles Times reports that “Immigrants rejected for asylum may appeal removal orders, 9th Circuit rules.”

Alan Gomez of USA Today reports that “Immigration asylum-seekers have a constitutional right to appeal, says court.”

Bob Egelko of The San Francisco Chronicle reports that “Court deals blow to Trump administration’s attempt to speed up deportations.”

Hamed Aleaziz, Adolfo Flores, and Chris Geidner of BuzzFeed News report that “Immigrants Who Were Rejected For Asylum Have The Right To A Federal Judge Review, A Court Ruled.”

And Chris Mills Rodrigo of The Hill reports that “Court rules asylum seekers have right to appeal rejection in US.”

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

Posted at 9:37 PM by Howard Bashman



“New Office of Workplace Relations Established to Assist Federal Courts Within the Ninth Circuit”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

The news release begins, “The Ninth Circuit’s new Office of Workplace Relations, which is responsible for preventing and resolving workplace harassment and fostering a positive working environment in the federal courts, is now fully operational with a director and support staff stationed at the circuit headquarters in San Francisco.”

Posted at 9:20 PM by Howard Bashman



“Senate confirms former Ohio solicitor Eric Murphy to federal appeals court”: Jack Torry of The Columbus Dispatch has this report.

Sabrina Eaton of The Cleveland Plain Dealer reports that “Senate confirms Ohio’s Eric Murphy as a federal judge over objections from Democrats.”

And Jennifer Bendery of HuffPost reports that “Senate Confirms Trump Court Pick Who Repeatedly Weakened Voting Rights; Every Republican voted to make Eric Murphy, 39, a lifetime federal judge.”

The U.S. Senate today confirmed Eric E. Murphy to the U.S. Court of Appeals for the Sixth Circuit by a vote of 52-to-46.

Posted at 8:02 PM by Howard Bashman



“Eric Holder Says Next Democratic President Should Consider Court Packing; The former attorney general made the comments Thursday during a chat with the Yale Law National Security Group”: Sam Stein of The Daily Beast has this report.

Posted at 7:52 PM by Howard Bashman



“More conservative Fla Supreme Court to review abortion, school vouchers other issues”: Zac Anderson of The Palm Beach Post has this report.

Posted at 7:51 PM by Howard Bashman



“Supreme Court justices tell Congress they are not considering televising hearings”: Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today has an article headlined “Cameras in the Supreme Court? Not anytime soon.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Considers Implementing Code of Conduct for Justices; Chief Justice John Roberts is exploring whether to come up with workplace code, Justice Elena Kagan tells Congress.”

Stephen Dinan of The Washington Times reports that “Supreme Court not revisiting no-cameras rules.”

Joan Biskupic of CNN reports that “Supreme Court justices still skeptical of TV cameras.”

And Sylvan Lane of The Hill has reports headlined “Alito, Kagan oppose cameras in Supreme Court” and “Supreme Court justice warns Congress of security threats to lower courts.”

Posted at 7:33 PM by Howard Bashman



“In new Supreme Court brief, DOJ offers alternative read of census case facts”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 7:21 PM by Howard Bashman



“Chief Justice Roberts Weighs Ethics Code for High Court”: Tim Ryan of Courthouse News Service has this report. Therein, Ryan writes, “The two justices’ first trip across Capitol Hill to present their funding request to lawmakers got off to an inauspicious start, with Alito breaking a glass of water at the witness table during opening remarks by Representative Mike Quigley, D-Ill.”

The two Justices who participated in the hearing (which you can watch in full on YouTube via this link) were Samuel A. Atito, Jr. and Elena Kagan. As a result of Alito’s breaking of a glass, Alito and Kagan are now married under Jewish law.

Posted at 6:02 PM by Howard Bashman



“Collegiality and credibility, Hemingway and statements regarding oral argument: two Third Circuit judges share their advocacy insights.” Matthew Stiegler has this post at his “CA3blog” about a very worthwhile Continuing Legal Education event that I too was fortunate to attend yesterday.

Posted at 5:53 PM by Howard Bashman



“Pa. Justices Lift Appellate Bar On Citing Unpublished Rulings”: Anne Cullen of Law360 has this report on an order that the Supreme Court of Pennsylvania issued on Monday approving these amendments to the Pennsylvania Rules of Appellate Procedure that will take effect on May 1, 2019.

As longtime readers of this blog are aware, I have fervently supported abolishing bans on citing unpublished rulings throughout the entire nearly 17-year existence of this blog. Federal appellate courts saw the wisdom of making this change long ago, and it is gratifying that the Pennsylvania state appellate courts have finally seen the light in this regard.

Posted at 2:45 PM by Howard Bashman