How Appealing



Wednesday, August 21, 2019

“Comments Open for Proposed Amendments to Appellate Rule 3(c)”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 10:15 PM by Howard Bashman



“Court finds Colorado electors were wrongly forced to vote for Hillary Clinton in 2016; 10th Circuit rules in favor of ‘faithless electors’ in case that may reach the Supreme Court”: Justin Wingerter of The Denver Post has this report.

Pete Williams of NBC News has a report headlined “Faithless elector: A court ruling just changed how we pick our president; The decision could give a single elector the power to decide the outcome of a presidential election — if the popular vote results in an apparent Electoral College tie.”

Jesse Paul of The Colorado Sun reports that “Colorado’s presidential electors don’t have to vote for candidate who wins the state, federal appeals court rules; The decision in the ‘faithless electors’ case could have major ramifications for future presidential elections in the U.S. and could ultimately go to the U.S. Supreme Court for review.”

And at his “Excess of Democracy” blog, Derek T. Muller has a post titled “Analysis: 10th Circuit finds Colorado wrongly removed faithless presidential elector in 2016.”

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

Posted at 9:16 PM by Howard Bashman



“Officers’ Immunity for Shooting Armed Suspect Left to Jury”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on an 11-to-7 en banc ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

Last night, while technical difficulties were precluding me from making new posts here, I had this Twitter thread about the ruling.

And at “The Volokh Conspiracy,” Josh Blackman has a post titled “The Fifth Circuit Divides on Qualified Immunity, and Originalism.”

Posted at 9:07 PM by Howard Bashman



“Differences between Trump, Obama administrations at heart of Supreme Court cases”: Robert Barnes has this article in today’s edition of The Washington Post.

Posted at 9:00 PM by Howard Bashman



“Women ask Supreme Court to toss topless ban: Why are rules different for men? Their rallying cry is ‘Free the Nipple,’ a global motto for females seeking equal treatment.” Pete Williams of NBC News has this report.

And Bea Lewis of The Union Leader of Manchester, New Hampshire reports that “NH ‘Free the Nipple’ activists ask U.S. Supreme Court to weigh in on topless sunbathing.”

You can view the petition for writ of certiorari in the New Hampshire case at this link.

Posted at 8:57 PM by Howard Bashman



“Politics, Identity, and Class Certification on the U.S. Courts of Appeals”: Law professors Stephen B. Burbank and Sean Farhang have posted this article on SSRN.

The article’s abstract begins, “This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23.”

Posted at 8:50 PM by Howard Bashman



“George Pell appeal fails, Cardinal to serve out full jail term”: Adam Cooper of The Age of Melbourne, Australia has this report.

Posted at 8:46 PM by Howard Bashman



“Trump’s Tax on the National Psyche: The corruption and incompetence of this administration has led to a grotesque theft of Americans’ precious time and energy.” Matt Ford of The New Republic has an article that begins, “The most incredible thing about last week’s decision in the Ninth Circuit Court of Appeals on detained migrant children is that the case existed at all.”

Posted at 5:11 PM by Howard Bashman



“Supreme Court Notebook: Gender pronouns part of LGBT fight.” Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 3:27 PM by Howard Bashman



“The Trump administration wants to make it easier to fire women who act too ‘masculine'”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 2:55 PM by Howard Bashman



“No More Corporate Lawyers on the Federal Bench; The next Democratic president should try nominating judges who haven’t been partners at big law firms”: Brian Fallon and Christopher Kang have this essay online at The Atlantic.

Posted at 12:05 PM by Howard Bashman



Programming note: From yesterday afternoon until now, a technical issue prevented me from publishing new posts here. Happily, that technical issue has now been resolved. Last night, posts that otherwise would have appeared here instead appeared as Tweets on this blog’s Twitter feed. So if you were wondering what you may have missed in the interim, please take a look there until I manage to post that material here later today.

Posted at 11:40 AM by Howard Bashman