How Appealing



Saturday, August 24, 2019

“The Senate Will Be Fine Without the Filibuster; Its constitutional structure already provides protection for political minorities, so the 60-vote custom isn’t essential”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 12:20 PM by Howard Bashman



“State Supreme Court Justice Daniel Kelly ticketed after car crash sends two to hospital”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 12:07 PM by Howard Bashman



Friday, August 23, 2019

“Coming to Trump’s defense: An unconventional lawyer for an unconventional president.” Ann E. Marimow has this article in today’s edition of The Washington Post.

Posted at 10:08 AM by Howard Bashman



“7-year Lexington fight over shop’s refusal to make gay pride T-shirts to go before Supreme Court”: Morgan Eads of The Lexington (Ky.) Herald Leader has this report.

Posted at 8:14 AM by Howard Bashman



Thursday, August 22, 2019

“Famed Composer Morricone Gets New Shot at Royalties”: Josh Russell of Courthouse News Service has this report.

And at the “THR, Esq.” blog of The Hollywood Reporter, Ashley Cullins has a post titled “Ennio Morricone Scores Big Appellate Win in Copyright Termination Suit; The composer can reclaim rights for six Italian film scores.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link. Law professor Jane Ginsburg served as lead appellate counsel for the prevailing plaintiff-appellant.

Posted at 10:22 PM by Howard Bashman



“Boise officially asks U.S. Supreme Court to hear homeless camping case”: Hayley Harding of The Idaho Statesman has this report.

Posted at 10:08 PM by Howard Bashman



“Seventh Circuit Guts FTC’s Powers — Setting up Supreme Court Showdown”: Lorraine Bailey of Courthouse News Service has this report.

And at “The Volokh Conspiracy,” Samuel Bray has a post titled “A major decision on the FTC and equitable restitution; The Seventh Circuit reverses course.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Seventh Circuit (which also includes a dissent from the denial of rehearing hearing en banc in which three judges joined) at this link.

Posted at 9:58 PM by Howard Bashman



“With control of Ohio Supreme Court up for grabs in 2020, Democrat Jennifer Brunner announces run”: Andrew J. Tobias of The Cleveland Plain Dealer has this report.

Posted at 9:28 PM by Howard Bashman



“Military Lawyer Denied Promotion While Defending Qaeda Suspect; Allies of a former Navy SEAL say the decision to pass him over smacks of retribution over his willingness to stand up to the military tribunal system”: Carol Rosenberg of The New York Times has this report.

Posted at 9:26 PM by Howard Bashman



“Trump court pick denounced feminists, gay-rights groups and diversity efforts in 1990s, 2000s editorials”: Andrew Kaczynski and Em Steck of CNN have a report that begins, “A White House aide nominated by President Donald Trump for a federal appeals court seat has a history of denouncing women’s marches against sexual assault, dismissing education about multicultural awareness and accusing a major LGBTQ group of exploiting the brutal murder of a gay student for political ends.”

Posted at 9:18 PM by Howard Bashman



“California Supreme Court will hear challenge to state law that requires Trump to release tax returns”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 8:37 PM by Howard Bashman



“U.S. Supreme Court judge to give lecture at Rhodes College”: Phillip Jackson of The Commercial Appeal of Memphis, Tennessee has this report.

Posted at 8:35 PM by Howard Bashman



“The completely ridiculous way that America is still being held hostage by Aaron Burr; Talk less, legislate more”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 7:28 PM by Howard Bashman



“A Proposal to Change How Democrats Think About the Supreme Court”: Jeffrey Toobin has this post online at The New Yorker.

Posted at 7:22 PM by Howard Bashman



“The Filibuster Plays a Crucial Role in Our Constitutional Order; Democrats who want to change Senate rules for temporary political gain will rue the day, as they have before”: U.S. Senate Majority Leader Mitch McConnell (R-KY) has this essay online at The New York Times.

Therein, he writes, “So this is the legacy of the procedural avalanche Democrats set off: Justice Neil Gorsuch, Justice Brett Kavanaugh and 43 new lifetime circuit judges — the most ever at this point in a presidency. The consequences of taking Senator Reid’s advice will haunt liberals for decades.”

Posted at 6:50 PM by Howard Bashman



“Business lobby prods 9th Circuit to revisit decision curbing consumer arbitration”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:14 AM by Howard Bashman



“Silent Originalism and the Reweighting of Precedent”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 7:58 AM by Howard Bashman



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