How Appealing



Sunday, April 21, 2019
Saturday, April 20, 2019

“Capitol conundrum: Should Texas change how judges are elected?” Chuck Lindell of The Austin American-Statesman has this report.

Posted at 9:20 PM by Howard Bashman



“After 40 Years, C-Span’s Founder Signs Off; Brian Lamb, the man who put Congress on live television, reflects on the results and explains why the Supreme Court ought to be next”: In today’s edition of The Wall Street Journal, Kyle Peterson has this new installment of “The Weekend Interview.”

Posted at 8:22 PM by Howard Bashman



“Trump campaign punishes Don McGahn’s law firm; ‘Why in the world would you want to put your enemy on the payroll?’ said one adviser close to the White House”: Nancy Cook of Politico has this report.

Posted at 5:27 PM by Howard Bashman



Friday, April 19, 2019

“‘Serial’ subject Adnan Syed’s attorney: ‘We will petition to the Supreme Court.'” Tim Prudente of The Baltimore Sun has this report.

Posted at 9:08 PM by Howard Bashman



“The Slants founder Simon Tam details Supreme Court case in new memoir; ‘Slanted: How an Asian American Troublemaker Took on the Supreme Court,’ releasing April 30, details his musical life and the journey to the high court”: Charles Lam of NBC News has this report. You can access more information about the book via this link.

Posted at 1:44 PM by Howard Bashman



“The Argus Leader is arguing for public records at the U.S. Supreme Court on Monday. Here’s why.” Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota has this report.

Posted at 1:37 PM by Howard Bashman



Thursday, April 18, 2019

“Justice Comes So Slowly to Guantanamo, It May Never Arrive; The military commissions set up to try terrorists have enough problems; Now one just lost three years of work”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:14 PM by Howard Bashman



“U.S. appeals court upholds most of California’s ‘sanctuary’ laws”: Maura Dolan of The Los Angeles Times has this report.

Kristin Lam of USA Today reports that “US appeals court rejects Trump administration lawsuit, upholds most of California’s sanctuary laws.”

Emily Cadei of McClatchy DC reports that “Ninth Circuit denies Trump attempt to block California sanctuary law.”

Tom Hals of Reuters reports that “U.S. court upholds most of California’s ‘sanctuary’ migrant laws.”

Kartikay Mehrotra and Peter Blumberg of Bloomberg News report that “Trump Loses Fight Over California’s Immigrant-Sanctuary Laws.”

Samuel Chamberlain of Fox News reports that “9th Circuit rejects most of White House bid to block California ‘sanctuary’ laws.”

And Rachel Frazin of The Hill reports that “Court sides with California over Trump on ‘sanctuary cities.’

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

Posted at 10:05 PM by Howard Bashman



“John Roberts rejects requests for same-day audio of census citizenship arguments”: Ariane de Vogue of CNN has this report.

Posted at 7:58 PM by Howard Bashman



“How Banning Abortion in the Early Weeks of Pregnancy Suddenly Became Mainstream”: Sabrina Tavernise of The New York Times has this report.

Posted at 7:55 PM by Howard Bashman



“Joan Biskupic: The Life and Turbulent Times of Chief Justice John Roberts.” The National Constitution Center has posted this video on YouTube of an event that occurred earlier this evening.

Posted at 7:51 PM by Howard Bashman



In the April 29, 2019 issue of Time magazine: The cover story is the 2019 Time 100, which the magazine describes as the “100 Most Influential People of 2019.” Included on that list is Christine Blasey Ford, accompanied by a tribute written by U.S. Senator Kamala D. Harris (D-CA).

Update: A reader emails to point out that Justice Brett M. Kavanaugh is also on the 2019 Time 100 list, and his tribute was written by U.S. Senate Majority Leader Mitch McConnell (R-KY).

Posted at 7:42 PM by Howard Bashman



Reversed(?) by an evenly-divided court: Back in October 2018, Levi Pulkkinen of The Appeal had a post titled “Man Convicted Of Obstruction For Refusing To Open His Door For Police; If his conviction stands, it could criminalize people who refuse to do things like unlock their phones or garages at police request” about an appeal that was pending in the Supreme Court of Washington.

Today, Washington State’s highest court issued this 4-to-4 ruling that purports to reverse the defendant’s conviction. What makes this outcome unusual (to say the least) is that, typically, an evenly-divided appellate court’s ruling has the effect of upholding the decision under review.

Sometimes, as this blog has noted recently, the decision under review by the highest court of a state will be the trial court’s decision rather than any intermediate appellate court’s ruling, and thus an evenly-divided ruling from a state’s highest court may result in reinstating a trial court’s judgment even where the intermediate appellate court had reversed.

But, in the case decided today, the defendant appears to have lost at every stage of review, and thus to have his conviction reversed by an evenly-divided court is certainly something. Thanks to Gene Johnson of The Associated Press for drawing my attention to this on Twitter.

Posted at 6:22 PM by Howard Bashman



“Workplace Accountability within the Federal Judiciary”: Lori Atherton has this article in the Class Notes section of the current issue of the Law Quadrangle, the alumni magazine of the University of Michigan Law School.

Posted at 5:03 PM by Howard Bashman



Wednesday, April 17, 2019

“Justices seem split on whether to consider private right to sue over tender offers”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

You can access at this link the transcript of Monday’s U.S. Supreme Court oral argument in Emulex Corp. v. Varjabedian, No. 18-459.

Posted at 9:38 PM by Howard Bashman



“Camille Grammer Defended Supreme Court Justice Brett Kavanaugh at Dinner and the Ladies Went Nuts; The Real Housewives of Beverly Hills pal later clarifies what she was trying to get across when explaining her sympathy for Kavanaugh”: Marianne Garvey has this post at the “Personal Space” blog at Bravo TV.

Posted at 9:27 PM by Howard Bashman



“California Supreme Court Justice Goodwin H. Liu Elected to American Academy of Arts and Sciences; He joins a group of more than 200 luminaries honored this year, including former First Lady Michelle Obama and Chief Judge Merrick Garland of the U.S. Court of Appeals D.C. Circuit”: The Judicial Council of California issued this news release today.

You can access the complete list of those whose elections were announced today via this link. The list also includes an additional appellate jurist, serving on the Supreme Court of Namibia.

Posted at 6:09 PM by Howard Bashman



“Abortion rights advocates ask U.S. Supreme Court to overturn Louisiana law after emergency stay”: Elizabeth Crisp of The Advocate of Baton Rouge, Louisiana has this report.

Mark Sherman of The Associated Press reports that “Supreme Court asked to void Louisiana abortion clinic law.”

And Ariane de Vogue of CNN reports that “Supreme Court asked to take up Louisiana abortion access law.”

The Center for Reproductive Rights has posted the petition for writ of certiorari online at this link, along with a related news release.

Posted at 1:40 PM by Howard Bashman



“It’s Time to Admit That the Military Commissions Have Failed”: Steve Vladeck has this post at the “Lawfare” blog.

Posted at 9:32 AM by Howard Bashman