How Appealing



Saturday, August 31, 2019

“Could the Bizarre Legal Fight Over HBO’s Michael Jackson Doc Wind Up at the Supreme Court?” Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 8:41 PM by Howard Bashman



“The Justice Department Can’t Keep Its Own Law Secret Forever”: Cristian Farias has this essay online at Politico Magazine.

Posted at 8:38 PM by Howard Bashman



“‘I Am on My Way to Being Very Well,’ Justice Ginsburg Tells Thousands of Fans”: Adam Liptak of The New York Times has this report.

Samantha Schmidt and Robert Barnes of The Washington Post report that “Ginsburg says she is ‘on my way to being very well’ after cancer treatment.”

Jess Bravin of The Wall Street Journal has an article headlined “Ginsburg: Supreme Court Work Keeps Me Going After Latest Bout With Cancer; ‘This audience can see that I am alive,’ justice says during public appearance.”

Jessica Gresko of The Associated Press has an article headlined “Justice Ginsburg reports she’s on way to ‘well’ after cancer.”

Diane Bartz of Reuters reports that “U.S. Justice Ginsburg says she is on her way to ‘being very well.’

Greg Stohr of Bloomberg News reports that “Ginsburg Says After Cancer She’s on the Way to ‘Being Very Well.’

Veronica Stracqualursi and Aishvarya Kavi of CNN have an article headlined “Ruth Bader Ginsburg: I’m alive and ‘on my way to being very well’ after treatment for pancreatic cancer.”

And Melissa Leon of Fox News has an article headlined “Ruth Bader Ginsburg: I’m ‘alive and on my way to being very well.’

The Library of Congress has posted on YouTube a video titled “U.S. Supreme Court Justice Ruth Bader Ginsburg at 2019 Library of Congress National Book Festival.”

Posted at 8:11 PM by Howard Bashman



Friday, August 30, 2019

“Justice Filtered: Plans to Manage Diversity in the Federal Judiciary.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 2:50 PM by Howard Bashman



“4th Circuit reverses decision in Dylann Roof gun background check lawsuit”: Jennifer Berry Hawes of The Post and Courier of Charleston, South Carolina has this report.

And Zoe Tillman of BuzzFeed News reports that “Victims Of The Charleston Church Mass Shooting Can Sue Over Background Check Failures That Let The Shooter Buy A Gun, A Court Ruled.”

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

I previously had this post about something unusual that happened during the oral argument of this appeal.

Posted at 1:46 PM by Howard Bashman



“Federal appeals court upholds dismissal of lawsuit challenging Cook County’s assault weapons ban”: Jason Meisner of The Chicago Tribune has this report.

Michael Tarm of The Associated Press reports that “Federal appeals court upholds assault weapons ban in Chicago.”

And Rachel Frazin of The Hill reports that “Court upholds Illinois county’s assault weapons ban.”

You can access yesterday’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 10:25 AM by Howard Bashman



Thursday, August 29, 2019

“S.D. legislators urge state Supreme Court to allow concealed handguns in chambers”: Lisa Kaczke of The Argus Leader of Sioux Falls, South Dakota has this report.

Posted at 10:02 PM by Howard Bashman



“UA trustee John Goodson and Supreme Court Justice Courtney Hudson settle divorce case in advance of hearing”: Max Brantley of the Arkansas Times has this report.

Posted at 10:00 PM by Howard Bashman



“Md.’s top court upholds child pornography charge against teen who texted friends a video of herself”: Ann E. Marimow has this front page article in today’s edition of The Washington Post.

And Tasneem Nashrulla of BuzzFeed News reports that “A Teen Is A Child Pornographer For Sexting A Video Of Herself To Her Friends, A Court Ruled; For the first time, the Maryland Court of Appeals said it had to grapple with applying the state’s child pornography law to minors who consensually engage in sexting.”

You can access yesterday’s ruling of the Court of Appeals of Maryland — that state’s highest court — at this link.

Posted at 9:54 PM by Howard Bashman



“Mississippi Supreme Court throws out Curtis Flowers’ conviction, orders new trial”: Jimmie E. Gates of The Clarion Ledger of Jackson, Mississippi has this report.

Posted at 8:46 PM by Howard Bashman



“Senate Republicans tell Supreme Court not to be ‘cowed’ by Democratic senators”: Robert Barnes of The Washington Post has this report.

Alex Swoyer of The Washington Times reports that “GOP senators say they’ll block Dem efforts to expand the Supreme Court.”

Greg Stohr of Bloomberg News reports that “McConnell Tells Supreme Court Not to Be ‘Cowed’ by Democrats on Guns.”

Ronn Blitzer of Fox News reports that “Senate Republicans in Supreme Court letter accuse Dems of ‘assault’ on judiciary.”

Tucker Higgins of CNBC reports that “McConnell tells Supreme Court justices that he will protect them from Democrats’ court-packing ‘threat.’

And Burgess Everett of Politico has an article headlined “McConnell to Supreme Court: We won’t let Dems ‘pack the court’; Republicans hit back after Democratic senators sent a brief warning voters may eventually demand the high court be restructured.”

You can view the letter at this link.

Posted at 8:44 PM by Howard Bashman



“22 Women Say They Were Exploited by Porn Producers; Their lawsuit, a rare look into an opaque industry, seeks $22 million in damages”: Katie Van Syckle of The New York Times has this report.

Posted at 8:14 PM by Howard Bashman



“Judicial Nominees Remain A Touchy Subject After Rejection Of Sununu’s Supreme Court Pick”: Josh Rogers of New Hampshire Public Radio has this report.

Posted at 8:27 AM by Howard Bashman



“Another Missed Opportunity: Kisor v. Wilkie and the Failure to Overturn Auer Deference.” Mike Rappaport has this post at the “Law & Liberty” blog.

Posted at 8:26 AM by Howard Bashman



“Arizona’s Governor Is Leading Republicans’ Quiet, Radical Takeover of State Supreme Courts; He may now be angling to appoint Bill Montgomery, Maricopa County’s reactionary prosecutor”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 8:22 AM by Howard Bashman



Wednesday, August 28, 2019

“The Return of the Faithless Elector: Are we ready for a return to the ‘original meaning’ of the Electoral College?” David Post has this blog entry at “The Volokh Conspiracy.”

Posted at 10:30 PM by Howard Bashman



“Where Does Affirmative Action Leave Asian-Americans? A high-profile lawsuit against Harvard is forcing students and their families to choose sides.” Jay Caspian Kang has this article online at The New York Times Magazine.

Posted at 10:18 PM by Howard Bashman



“Arizona Supreme Court agrees to consider frozen embryo case”: Howard Fischer of the Arizona Capitol Times has this report.

Posted at 8:42 PM by Howard Bashman



“Koch-founded charity asks for Supreme Court help to keep donor list secret”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:40 PM by Howard Bashman



“Supreme Court Justice Kagan to speak at UMN in October”: Josh Verges of The Pioneer Press of St. Paul, Minnesota has this report.

Posted at 8:34 PM by Howard Bashman



“Can states restrict how electors cast presidential votes? Supreme Court may have to decide.” David G. Savage has this article in today’s edition of The Los Angeles Times.

Posted at 8:30 PM by Howard Bashman



“Jim Crow Returns to the Supreme Court: Two states are asking the justices to retain a rule from America’s racist past for the sake of convenience.” Matt Ford of The New Republic has this report.

Posted at 8:24 PM by Howard Bashman



“Ruth Bader Ginsburg Has No Plans to Retire. But Washington Is Preparing for an Epic Showdown Over Her Seat.” Tessa Berenson and Alana Abramson of Time magazine have this report.

Posted at 8:20 PM by Howard Bashman



“Anonymity by the Sea is a First Amendment right; Supreme Court Associate Justice Brett Kavanaugh runs 5K in Dewey”: Dave Frederick of the Cape Gazette of Lewes, Delaware has this report.

Posted at 5:27 PM by Howard Bashman



“When do Supreme Court justices retire? When the politics are right. Ruth Bader Ginsburg and Stephen Breyer should have left years ago, when Democrats controlled the White House and the Senate.” Scott Lemieux has this essay online at The Washington Post.

Posted at 4:47 PM by Howard Bashman



Tuesday, August 27, 2019

Programming note: On Wednesday, I will be arguing an appeal before a three-judge panel of the Pa. Superior Court on behalf of the plaintiffs-appellees in a case that has previously received news coverage (see here and here).

As a result, additional posts will not appear here until Wednesday afternoon.

Posted at 10:06 PM by Howard Bashman