How Appealing



Tuesday, April 9, 2019

“Gun-maker to ask Supreme Court to hear Sandy Hook appeal”: Dave Collins of The Associated Press has a report that begins, “The maker of the rifle used in the Sandy Hook Elementary School shooting intends to ask the U.S. Supreme Court to hear its appeal of a Connecticut court ruling that reinstated a wrongful death lawsuit against the company that had been filed by victims’ relatives.”

Posted at 11:53 AM by Howard Bashman



“A Rush to Judgment on the Newest Justice”: Carrie Severino has this post at National Review’s “Bench Memos” blog.

Posted at 11:46 AM by Howard Bashman



“Defining What’s Excessive In Police Property Seizures Remains Tricky”: Martin Kaste had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 8:35 AM by Howard Bashman



“‘Kick Kavanaugh off campus’: Students decry George Mason’s decision to hire Supreme Court justice.” Isaac Stanley-Becker of The Washington Post has this report.

Posted at 8:32 AM by Howard Bashman



Monday, April 8, 2019

“Police Sicced a Dog on a Surrendering Man. Will the Supreme Court Review the Doctrine That Gave Them Immunity? The ACLU wants the Supreme Court to revisit the notorious qualified immunity doctrine.” C.J. Ciaramella has this post at Reason’s “Hit & Run” blog.

Posted at 7:04 PM by Howard Bashman



“Advocates Can Finally Begin Citing to Unpublished Pa. Superior Court Opinions”: A goal that I have repeatedly advocated in favor of during the 18+ years in which The Legal Intelligencer has published my monthly appellate column has finally been achieved, as I explain in tomorrow’s installment of that column.

You can access the debut installment of my column, from December 2000, at this link. Back then, the U.S. Court of Appeals for the Third Circuit had not yet even started posting its unpublished opinions on the court’s own website.

Posted at 3:22 PM by Howard Bashman



“Should police be liable when bystanders are killed in illegal chases? Court will decide.” Andrew Wolfson of The Courier Journal of Louisville, Kentucky has this report.

Posted at 1:30 PM by Howard Bashman



“Iowa’s Supreme Court Protected Gay Marriage and Abortion Rights — and Republican Lawmakers Are Out for Payback”: Marisa Endicott of Mother Jones has this report.

Posted at 1:24 PM by Howard Bashman



“Daniel P. Collins — Nominee for the U.S. Court of Appeals for the Ninth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

According to that post, “Collins then clerked for Justice Antonin Scalia [from 1991 to 1992] on the U.S. Supreme Court, clerking with Judge Jeffrey Sutton of the Sixth Circuit and conservative lawyer Ed Whelan.”

Posted at 1:02 PM by Howard Bashman



“The New Scalia: Neil Gorsuch befriends liberal justices while exceeding conservatives’ expectations.” Alex Swoyer has this front page article in today’s edition of The Washington Times.

Posted at 9:54 AM by Howard Bashman



Sunday, April 7, 2019

“Absence of youth from Baton Rouge jury pools prompts Louisiana Supreme Court to order hearing”: John Simerman of The Advocate of Baton Rouge, Louisiana has this report.

Posted at 9:44 PM by Howard Bashman



“Conservatives’ takeover of Supreme Court stalled by John Roberts-Brett Kavanaugh bromance”: Richard Wolf of USA Today has this report.

Posted at 8:53 PM by Howard Bashman



Saturday, April 6, 2019

“When It Comes to the Death Penalty, the Supreme Court Legalized Torture Long Ago”: Liliana Segura of The Intercept has this report.

Posted at 8:35 PM by Howard Bashman



“Ex-Justice Loughry starts serving prison sentence”: West Virginia MetroNews has an article that begins, “The U.S. Bureau of Prisons confirmed former West Virginia Supreme Court Justice Allen Loughry self reported to prison on Friday. Loughry began serving his two year sentence at a federal facility in South Carolina.”

Posted at 8:20 PM by Howard Bashman



“Brian Hagedorn’s likely Supreme Court win cements conservative dominance in state”: Riley Vetterkind of The Wisconsin State Journal has this report.

Posted at 8:12 PM by Howard Bashman



“Pete Buttigieg’s Plan to Politicize the Supreme Court: How will letting the parties appoint justices improve the court’s reputation for nonpartisanship?” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 11:15 AM by Howard Bashman



“D.C. Circuit Review — Reviewed: An Entire Semester of Admin Law?” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 11:05 AM by Howard Bashman



“Appeals court in D.C. rules judges may not create exceptions to grand-jury secrecy rules”: Tom Jackman and Spencer S. Hsu have this article in today’s edition of The Washington Post.

Katelyn Polantz of CNN reports that “Ruling on grand jury records could affect release of Mueller report details.”

Josh Gerstein of Politico reports that “Appeals court narrows path for disclosure of grand jury info in Mueller report; Court splits, 2-1, in a closely watched case that could affect the release of the special counsel’s review.”

Jacqueline Thomsen of The Hill reports that “Federal appeals court ruling on grand juries could play role in Mueller report release.”

Tierney Sneed of TPM reports that “Appeals Court Decision In Grand Jury Case Is Bad News For Mueller Report Seekers.”

In commentary, online at Politico Magazine, Deana K. El-Mallawany has an essay titled “What a Decades-Old Grand Jury Probe Just Revealed About the Mueller Report: A federal court decision on Friday shows how Congress can finally get its hands on the special counsel’s work.”

And online at Slate, Brianne Gorod and Ashwin Phatak have a jurisprudence essay titled “How Congress Can Get Around a New Ruling That Threatens the Release of the Mueller Report.”

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

Posted at 10:50 AM by Howard Bashman



Friday, April 5, 2019

“This whistleblower air marshal was fired by TSA, reinstated by Supreme Court, and fired again; Sexually suggestive emojis in a ‘secret’ Facebook chat room are partly why Robert MacLean was dismissed again”: Teri Sforza of The Orange County Register has this report.

Posted at 11:48 PM by Howard Bashman



“The Company We No Longer Keep”: Linda Greenhouse has this guest post at “Balkinization,” as part of that blog’s ongoing symposium on Neal Devins and Lawrence Baum’s new book, “The Company They Keep: How Partisan Divisions Came to the Supreme Court.”

In recent earlier posts that were part of that symposium, John O. McGinnis had a guest post titled “The Supreme Court as the Aristocratic Element of a Mixed Regime.”

And Jack Balkin had a post titled “All Hail Ed Meese!

Posted at 5:48 PM by Howard Bashman



“So Yale Law School endorses anti-religious bigotry now? What starts in the ivory tower of academia — including blatant discrimination against religious groups and students — won’t stay there for long.” Samuel Adkisson has this essay online at USA Today.

Posted at 9:42 AM by Howard Bashman



Thursday, April 4, 2019

“Federal appeals court upholds Kentucky ‘ultrasound’ abortion law”: Deborah Yetter of The Courier Journal of Louisville, Kentucky has this report.

Bruce Schreiner of Associated Press reports that “Court upholds Kentucky’s abortion law requiring ultrasounds.”

Gregg Re of Fox News reports that “Appeals court upholds Ky. abortion law requiring ultrasounds.”

Nathaniel Weixel of The Hill reports that “Appeals court upholds Kentucky ultrasound abortion law.”

And Kevin Koeninger of Courthouse News Service reports that “Sixth Circuit Lifts Block of Kentucky Ultrasound Abortion Law.”

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

Posted at 10:46 PM by Howard Bashman



“Students Respond To Kavanaugh’s Hire At Antonin Scalia Law School; Mason receives backlash from students after hiring Supreme Court Justice Brett Kavanaugh”: Laura Scudder of the Fourth Estate, the student newspaper of George Mason University, has this report.

Posted at 10:00 PM by Howard Bashman



“Starr loses litigation over reimbursement in salmonella case”: Judy Greenwald of Business Insurance has an article that begins, “A federal appeals court has upheld dismissal of a case filed by a Starr Indemnity & Liability Co. unit that sought to be reimbursed for $10 million it paid a policyholder in connection with salmonella-contaminated raw chicken.”

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

Posted at 7:51 PM by Howard Bashman