How Appealing



Thursday, July 18, 2019

“When John Paul Stevens Eviscerated Antonin Scalia: The late justice dismantled originalism in his dissent in District of Columbia v. Heller, the landmark gun-rights case.” Matt Ford of The New Republic has this report.

Posted at 8:50 AM by Howard Bashman



“A ‘Train Wreck’ Was Averted at the Supreme Court, but for How Long? While the rule of law prevailed in the census case, it still hangs by a thread.” Linda Greenhouse has this essay online at The New York Times.

Posted at 8:40 AM by Howard Bashman



Wednesday, July 17, 2019

“Rape Case Judge Resigns Over ‘Good Family’ Remark; State Orders Training”: Luis Ferré-Sadurní and Nick Corasaniti of The New York Times have this report.

Susan K. Livio and Brent Johnson of NJ Advance Media report that “N.J. judges under fire for comments in rape cases punished by state Supreme Court.”

And Anna Orso of The Philadelphia Inquirer reports that “N.J. judge who gave leniency to teen from a ‘good family’ in sexual assault case is off the bench.”

Posted at 9:05 PM by Howard Bashman



“John Paul Stevens Was Justice Incarnate; I was lucky enough to see firsthand how he embodied judicial, moral and personal independence”: Law professor Jamal Greene has this essay online at The New York Times.

Also online at that newspaper, Jesse Wegman has an essay titled “John Paul Stevens Dissented Until the End; The justice, who died on Tuesday, was not quiet about court matters in his retirement.”

And Emily Bazelon has an essay titled “Why Justice Stevens Turned Against the Death Penalty; He ended up seeing it as a failure.”

Posted at 7:58 PM by Howard Bashman



“We Need People Like Justice Stevens More Than Ever; He called for protections for gay Americans because he was able to see the world from the perspective of others”: Chris Geidner has this essay online at The New York Times.

Posted at 2:47 PM by Howard Bashman



“Abandoning Originalism Wouldn’t Be Very Conservative”: Mike Rappaport has this post at the “Law & Liberty” blog.

Posted at 2:43 PM by Howard Bashman



“Justice Stevens, the Longest Living Supreme Court Justices, and Other Age Milestones”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 2:38 PM by Howard Bashman



“Trump Fifth Circuit Nominee Faces Rare GOP Pusback”: Tim Ryan of Courthouse News Service has this report.

And from Politico, Marianne LeVine reports that “Ted Cruz questions conservative credentials of Trump judicial nominee.” Yesterday, LeVine had an article headlined “Republican senators may sink another Trump judicial nominee; Senators have raised concerns about Halil Suleyman ‘Sul’ Ozerden’s judicial record and possible issues with a background check.” And earlier, Eliana Johnson and LeVine had an article headlined “Mulvaney pushed judicial nominee over objections of White House lawyers.”

You can view the video of today’s U.S. Senate Judiciary Committee confirmation hearing for Fifth Circuit nominee U.S. District Judge Halil Suleyman Ozerden (S.D. Miss.) via this link.

Posted at 1:11 PM by Howard Bashman



“The Humane Legacy of the Supreme Court Justice John Paul Stevens”: Jeffrey Toobin has this post online at The New Yorker.

Online at The Atlantic, Jeffrey Rosen has an essay titled “The Impartial Justice: As the Court shifted around him, John Paul Stevens endeavored to remain neutral, transparent, and focused on liberty.”

Online at The Washington Post, law professor Diane Marie Amann has an essay titled “Justice John Paul Stevens leaves behind a rich legacy that we cannot forget.”

Online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “Justice Stevens Was Brilliant, Modest and Unafraid of Change; The eventual leader of the liberal wing of the Supreme Court was a throwback to an earlier era.”

Online at Slate, Dahlia Lithwick and la professor Sonja West have a jurisprudence essay titled “John Paul Stevens, Maverick and Conscience of the Supreme Court, Dies at 99.”

And online at ThinkProgress, Ian Millhiser has an essay titled “The last great conservative justice is dead; Justice John Paul Stevens held firm to conservative values that stood for something other than will to power.”

Posted at 1:02 PM by Howard Bashman



Tuesday, July 16, 2019

“John Paul Stevens: Canny Strategist and the ‘Finest Legal Mind’ Ford Could Find.” Adam Liptak of The New York Times has this report.

Posted at 11:48 PM by Howard Bashman



“Supreme Court Justice John Paul Stevens, Who Led Liberal Wing, Dies at 99”: The New York Times has published this obituary written by Linda Greenhouse.

The Washington Post has published an obituary written by Charles Lane headlined “John Paul Stevens, longtime leader of Supreme Court’s liberal wing, dies at 99.”

The Los Angeles Times has published an obituary written by David G. Savage headlined “John Paul Stevens dead at 99.”

Jess Bravin of The Wall Street Journal has written an obituary headlined “Retired Supreme Court Justice John Paul Stevens Dies; Stevens, 99, made a towering impression on American law during 34 years on the Supreme Court.”

Richard Wolf of USA Today has written an obituary headlined “Retired Supreme Court Justice John Paul Stevens dead at age 99.”

Mark Sherman and Connie Cass of The Associated Press have written an obituary headlined “Former Supreme Court Justice John Paul Stevens dies at 99.”

Lawrence Hurley of Reuters has written an obituary headlined “Former U.S. Supreme Court Justice John Paul Stevens dies at age 99.”

Greg Stohr of Bloomberg News has written an obituary headlined “Retired Supreme Court Justice Stevens, Liberal Voice, Dies at 99.”

Ariane de Vogue of CNN has written an obituary headlined “Retired Supreme Court Justice John Paul Stevens dies at 99.”

And Nina Totenberg of NPR has written an obituary headlined “Retired Justice John Paul Stevens, A Maverick On The Bench, Dies At 99.”

Posted at 9:50 PM by Howard Bashman



“Then and Now, Flag Burner Benefits From 1989 First Amendment Ruling”: Tony Mauro has this post at the Freedom Forum Institute.

Posted at 8:32 PM by Howard Bashman



“DA Krasner wants Pa. Supreme Court to strike down state’s death penalty and declare it unconstitutional”: Julie Shaw of The Philadelphia Inquirer has this report.

Posted at 8:02 PM by Howard Bashman



“I regret to inform you that Trump’s lawyers are right about a crucial civil rights case; Federal officials should not risk bankruptcy if they fight discrimination”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 7:48 PM by Howard Bashman



“The Second Circuit Applied the First Amendment to President Trump, Not All of Twitter”: Joshua Geltzer has this post at the “Take Care” blog.

Posted at 7:44 PM by Howard Bashman



“‘Lexis on Steroids’: Corpus Linguistics receives mixed reception at the Sixth Circuit.” Zak Lutz and Benjamin Beaton have this post at the “Sixth Circuit Appellate Blog.”

Posted at 7:38 PM by Howard Bashman



“Senate confirms Trump’s 43rd circuit court nominee”: Alex Swoyer of The Washington Times has an article that begins, “The Senate confirmed President Trump’s 43rd circuit court nominee Tuesday, far outpacing his predecessor who only saw 19 federal appeals court judges appointed during the same period of time. The confirmation of Judge Peter Phipps to the 3rd U.S. Circuit Court of Appeals also puts the president ahead of President George W. Bush, who saw just 30 appeals court judges appointed in his first two and a half years in office.”

Tim Ryan of Courthouse News Service reports that “Senate Confirmation Flips Makeup of Third Circuit.”

And in commentary, online at Esquire, Charles P. Pierce has a post titled “The Conservative Effort to Salt the Judiciary With Larval Scalias Is Close to Complete.”

Today, the U.S. Senate voted to confirm U.S. District Judge Peter J. Phipps (W.D. Pa.) to the U.S. Court of Appeals for the Third Circuit by a vote of 56-to-40.

Posted at 7:30 PM by Howard Bashman



Monday, July 15, 2019

Programming note: On Tuesday morning, I will be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania.

The most newsworthy case scheduled for oral argument tomorrow before that same three-judge panel will be this case, which has been specially scheduled for argument starting at 3:30 p.m. and is expected to draw a large crowd of onlookers and media.

Additional posts will appear here on Tuesday afternoon.

Posted at 10:16 PM by Howard Bashman



“Kavanaugh Fight Was No ‘Win’; The left savaged a man’s reputation and America’s institutions — and paid no price for its indecency”: Mollie Hemingway and Carrie Severino have this op-ed in today’s edition of The Wall Street Journal.

Posted at 5:37 PM by Howard Bashman