How Appealing



Monday, June 10, 2019

“Justice Breyer Raises Specter of Perpetual Detention Without Trial at Guantánamo; The Supreme Court refused to hear the appeal of a man who has been held in wartime detention for 17 years with no end in sight”: Charlie Savage and Carol Rosenberg of The New York Times have this report.

Robert Barnes of The Washington Post reports that “Supreme Court turns away appeal from longtime detainee at Guantanamo Bay.”

Richard Wolf of USA Today reports that “Supreme Court refuses to hear prisoner’s challenge to Guantánamo detention 17 years into Afghanistan conflict.”

Lawrence Hurley of Reuters reports that “Yemeni Guantanamo detainee’s bid for release rejected by Supreme Court.”

Greg Stohr of Bloomberg News reports that “Guantanamo Inmate Rejected by Supreme Court on 17-Year Detention.”

Pete Williams of NBC News has a report headlined “Justice Breyer: Supreme Court should decide if ‘perpetual detention’ permitted at Gitmo; The case involved Moath Hamza Ahmed al-Alwi, a man from Yemen captured by Pakistani forces and accused of being one of Osama bin Laden’s bodyguards.”

Ariane de Vogue of CNN reports that “Supreme Court rejects Guantanamo Bay detention challenge.”

Jacqueline Thomsen of The Hill reports that “Supreme Court declines to take up Guantanamo Bay detainee’s case.”

At the “Lawfare” blog, Robert Chesney has a post titled “Justice Breyer’s Question in al-Alwi: Is Detention Still Justified?

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Stephen Breyer Is Worried About the Forever War’s Permanent Prisoners. He’s 15 Years Too Late.”

Posted at 9:36 PM by Howard Bashman



“SCOTUS petition: Due process requires fee awards to lawyers outside class action leadership.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 7:50 PM by Howard Bashman



“Supreme Court makes more headway on its next term than on the major decisions that remain in this one”: Robert Barnes of The Washington Post has this report.

Posted at 5:53 PM by Howard Bashman



“Clarence Thomas Said What? Adam Cohen on how the Supreme Court justice picked up his thesis on eugenics and ran with it in the opposite direction.” On Saturday, Slate posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 1:42 PM by Howard Bashman



“Appeals Court Sides With Search Engines In Battle Over ‘Scam’ Listings”: Wendy Davis of DigitalNewsDaily has this report.

John Eggerton of Broadcasting & Cable reports that “Court Upholds Edge Protection from Third Party Liability; Said that extends even to content they know is false.”

Megan Mineiro of Courthouse News Service reports that “Deceptive Map Results Won’t Leave Google Liable.”

And at his “Technology & Marketing Law Blog, Eric Goldman has a post titled “D.C. Circuit Issues Sweeping Pro-Section 230 Opinion — Marshall’s Locksmith v. Google.”

Chief Judge Merrick B. Garland wrote last Friday’s ruling of the U.S. Court of Appeals for the D.C. Circuit.

Posted at 1:27 PM by Howard Bashman



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

1. Justice Brett M. Kavanaugh delivered the opinion for a unanimous Court in Quarles v. United States, No. 17-778. And Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Return Mail, Inc. v. Postal Service, No. 17-1594. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Elena Kagan joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion for a unanimous Court in Parker Drilling Management Services, Ltd. v. Newton, No. 18-389. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



Sunday, June 9, 2019

“Conservative gains at Supreme Court leading to anger, frustration and ‘peeks behind the curtain'”: Richard Wolf of USA Today has this report.

Posted at 6:20 PM by Howard Bashman



Saturday, June 8, 2019

“Justice Ginsburg says deep divisions on the way, and Supreme Court watchers look for clues”: Robert Barnes of The Washington Post has this report.

Alex Swoyer of The Washington Times reports that “Ruth Bader Ginsburg wary of sharp divide among Supreme Court as crucial cases loom; Liberal jurist has kind words for colleague Kavanaugh over his selection of female clerks.”

Jessica Gresko of The Associated Press reports that “Justice Ginsburg warns of more 5-4 decisions ahead.”

Greg Stohr of Bloomberg News reports that “Ginsburg Hints at Sharp Divides as Supreme Court Term Nears End.”

Pete Williams of NBC News reports that “Justice Ginsburg hints at her ruling on upcoming census citizenship question; She spoke candidly at a meeting of judges and lawyers in the 2nd Circuit court.”

Ariane de Vogue of CNN reports that “Justice Ginsburg warns the court may be sharply divided over final cases.”

And Brie Stimson of Fox News reports that “Ginsburg suggests many ‘most-watched’ Supreme Court cases could be decided by 1 vote.”

You can access the prepared text of Justice Ruth Bader Ginsburg’s remarks yesterday at the Judicial Conference of the U.S. Court of Appeals for the Second Circuit at this link (via Adam Liptak).

Posted at 10:37 AM by Howard Bashman



Friday, June 7, 2019

“With political power at stake, Supreme Court is set to rule on gerrymandering and the census”: David G. Savage of The Los Angeles Times has this report.

Posted at 2:32 PM by Howard Bashman



“9th Circ. Judge Rips Trump’s ‘Broad’ Birth Control Exemption”: Law360 has this report (subscription required for full access) on an oral argument (YouTube video link) that the U.S. Court of Appeals for the Ninth Circuit heard yesterday in San Francisco.

And earlier this week, online at The Wall Street Journal, James Freeman had an installment of that publication’s “Best of the Web” feature titled “Democrats vs. Nuns: The Little Sisters of the Poor are again forced to defend their liberty in federal court.”

Posted at 9:30 AM by Howard Bashman



Thursday, June 6, 2019

“Why Pete Buttigieg Is Wrong About the Supreme Court Technocratic reforms won’t clear the way for a progressive agenda.” Columnist Jamelle Bouie has this essay online at The New York Times.

Posted at 9:38 PM by Howard Bashman



“The Supreme Court may have already decided the census case. Will the new revelations matter?” Ariane de Vogue of CNN has this report.

Posted at 9:36 PM by Howard Bashman



“Deceased Strategist’s Files Detail Republican Gerrymandering in North Carolina, Advocates Say”: Michael Wines will have this article in Friday’s edition of The New York Times.

Sam Levine of HuffPost reports that “GOP Lied About Using Racial Data To Gerrymander, Lawyers Say; The stunning accusations came after the daughter of a former Republican strategist gave the lawyers hard drives containing the computer files.”

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Newly Discovered Files Suggest GOP Lawmakers Lied in Court About Racial Gerrymandering to Stop An Election.”

Posted at 9:34 PM by Howard Bashman



“Washington Supreme Court rules once more against Richland florist who refused flowers for gay wedding”: David Gutman of The Seattle Times has this report.

Joel Connelly of SeattlePI reports that “Supreme Court stands by discrimination verdict on Washington florist.”

Jim Camden of The Spokesman-Review of Spokane, Washington reports that “Court again rules against florist who refused gay couple.”

Alex Swoyer of The Washington Times reports that “Christian florist appeals to Supreme Court over same-sex wedding case.”

Nicholas Geranios of The Associated Press has a report headlined “Court: No religious rancor in flowers for gay wedding case.”

Andrew Chung of Reuters reports that “Washington state high court again rules against Christian florist who refused gay wedding.”

Devan Cole and Ariane de Vogue of CNN report that “Washington state Supreme Court rules against florist in same-sex wedding case.”

Ronn Blitzer and Bill Mears of Fox News reports that “Washington Supreme Court rules against florist who refused service for gay couple’s wedding.”

Jacqueline Thomsen of The Hill reports that “Washington Supreme Court upholds ruling against florist who refused same-sex couple.”

And Hayley Miller of HuffPost reports that “Court Upholds Ruling Against Washington Florist Who Refused To Serve Gay Couple; State judges did not act with religious animus when weighing the Arlene’s Flowers case, the Washington Supreme Court held.”

You can access today’s unanimous ruling of the Supreme Court of the State of Washington at this link.

Posted at 9:20 PM by Howard Bashman



“Who Can Adopt a Native American Child? A Texas Couple vs. 573 Tribes; A bitter custody battle threatens affirmative action laws, tribal rights, and the future of one little girl.” Jan Hoffman has this front page article in today’s edition of The New York Times.

Posted at 3:10 PM by Howard Bashman