How Appealing



Friday, August 16, 2019

“The F.D.A.’s New Cigarette Warnings Are Disturbing. See for Yourself.” Sheila Kaplan has this article in today’s edition of The New York Times.

Posted at 1:10 PM by Howard Bashman



“A federal judge in D.C. hit ‘reply all,’ and now there’s a formal question about his decorum”: Ann E. Marimow of The Washington Post has this report.

Posted at 9:32 AM by Howard Bashman



“Brain damaged Houston man convicted in double murder wins stay one day before scheduled execution”: Keri Blakinger of The Houston Chronicle has this report.

And Jolie McCullough of The Texas Tribune reports that “Federal court stops execution of Dexter Johnson within 24 hours of his scheduled death; In his recent appeals, Johnson has claimed he is intellectually disabled and therefore ineligible for the death penalty; He was convicted of a double murder in Harris County that took place in 2006.”

You can access Tuesday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:56 AM by Howard Bashman



Thursday, August 15, 2019

“The Supreme Court’s First Major Gun Case in a Decade; Guns rights advocates want more than just a victory; They want this newly emboldened conservative court to wield maximal power”: Matt Ford of The New Republic has this report.

Posted at 9:02 PM by Howard Bashman



“Senators File an Enemy-of-the-Court Brief; Democrats order the Justices to drop a gun case — or else”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 9:00 PM by Howard Bashman



“U.S. Supreme Court Justice Ruth Bader Ginsburg to speak at University of Chicago Sept. 9; Dean Katherine Baicker to host conversation and present Justice Ginsburg with Dean’s Award”: uchicago news has this report.

And Jake Wittich of The Chicago Sun-Times reports that “Supreme Court Justice Sonia Sotomayor to discuss new children’s book in Chicago; The first Latina Supreme Court justice will discuss her book Sept. 11 at Senn High School, 5900 N. Glenwood Ave.

Posted at 8:56 PM by Howard Bashman



“Married ex-Supreme Court clerks allege legal giant Jones Day discriminates against men in parental leave”: Spencer S. Hsu of The Washington Post has this report.

Posted at 8:47 PM by Howard Bashman



“Domino’s plaintiff to SCOTUS: Give ADA web accessibility case law time to develop.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:44 PM by Howard Bashman



“Trump’s Latest Proposal Would Let Businesses Discriminate Based On LGBTQ Status, Race, Religion, And More; The rule, which applies to many federal contractors, is Trump’s latest move to let religious people sidestep civil rights policies”: Dominic Holden of BuzzFeed News has this report.

Posted at 2:15 PM by Howard Bashman



“McConnell, Eyeing Legacy, Turns Senate Into Machine for Conservative Judges”: Laura Litvan of Bloomberg News has this report.

Posted at 2:12 PM by Howard Bashman



“Lawyers: From Mainstays of the Republic to Progressive Rent-Seekers.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 2:10 PM by Howard Bashman



“The Supreme Court’s Second Amendment Appetite: The sound of gunshots is still ringing in the country’s ears; Do the justices hear it too?” Linda Greenhouse has this essay online at The New York Times.

Posted at 2:08 PM by Howard Bashman



Wednesday, August 14, 2019

“Trump gets another seat to fill on influential Atlanta appeals court”: Bill Rankin of The Atlanta Journal-Constitution has this report.

Eleventh Circuit Circuit Judge Gerald Bard Tjoflat, who originally joined what was then the U.S. Court of Appeals for the Fifth Circuit in 1975 after having served as a federal district judge on the U.S. District Court for the Middle District of Florida since 1970, has announced he will be taking senior status. (Fun fact: he remains the only Article III judge whose last name begins with the letters “Tj.”)

A little over 16 years ago, in early August 2003, Judge Tjoflat participated as an interviewee in this blog’s “20 questions for the appellate judge” series.

Posted at 1:52 PM by Howard Bashman



“Ninth Circuit Revives Antitrust Suit Over DirecTV NFL Sunday Ticket”: Nathan Solis of Courthouse News Service has this report.

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “NFL, DirecTV Face Revived Antitrust Suit Over Telecasts of Out-of-Market Games; The Ninth Circuit Court of Appeals reverses a decision to end a nationwide class-action lawsuit over ‘Sunday Ticket.’

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

Posted at 11:22 AM by Howard Bashman



Federal district court’s use of form to enforce the Prison Litigation Reform Act’s “three-strike” provision went too far, Seventh Circuit rules: To see why Seventh Circuit Chief Judge Diane P. Wood is correctly considered one of the federal appellate judiciary’s best writers, one need look no further than this opinion that she issued yesterday on behalf of a unanimous three-judge panel of that court.

Posted at 11:08 AM by Howard Bashman



“The definite article: Ohio State seeks trademark on ‘The’ for university merchandise.” Jim Woods of The Columbus Dispatch has this report.

Posted at 10:28 AM by Howard Bashman



“Justice accused of sexual harassment blames ‘whisper campaign'”: Maura Dolan of The Los Angeles Times recently had this report.

Posted at 10:24 AM by Howard Bashman



“State Tax Collectors Want You: The Wayfair ruling has unleashed a revenue grab on small business.” This editorial appeared in yesterday’s edition of The Wall Street Journal.

Posted at 8:33 AM by Howard Bashman



“‘We will sue and we will win’: Abortion rights advocates promise legal challenge to Tennessee’s proposed ban.” Anita Wadhwani of The Tennessean has this report.

Posted at 7:58 AM by Howard Bashman



Tuesday, August 13, 2019

“Fifth Circuit Appears Ready to Ignore Supreme Court Precedent . . . Again; During oral arguments Friday a panel of judges — including two Trump appointees — searched for ways to ignore the law and dismiss a challenge to a web of anti-abortion restrictions”: Jessica Mason Pieklo of RewireNews has this report.

Posted at 11:34 PM by Howard Bashman



“Senate Dems deliver stunning warning to Supreme Court: ‘Heal’ or face restructuring.” Ronn Blitzer of Fox News has this report.

Posted at 11:32 PM by Howard Bashman



“It’s Alan Dershowitz vs. David Boies, again and again”: Tom Jackman, Deanna Paul, and Manuel Roig-Franzia of The Washington Post have this report.

Posted at 10:28 PM by Howard Bashman



“States Sue Trump Administration Over Rollback of Obama-Era Climate Rule”: Lisa Friedman has this report.

Phil Willon of The Los Angeles Times reports that “California sues to stop Trump rollback of Obama-era restrictions on coal-burning power plants.”

Timothy Puko of The Wall Street Journal reports that “States Sue Trump Administration Over Rollback of Power-Plant Regulations; New York and California lead group saying the government isn’t meeting its Clean Air Act role.”

Gabrielle Canon of USA Today reports that “California, other states sue Trump administration over replacement of Obama’s Clean Power Plan.”

Chris Hubbuch of The Wisconsin State Journal reports that “Wisconsin AG sues EPA over climate protection rollback; claims rule violates Clean Air Act.”

And Rebecca Beitsch of The Hill reports that “22 states sue Trump over repeal of Obama-era power plant rules.”

Posted at 10:22 PM by Howard Bashman



“Replacing Chevron with a Sounder Interpretive Regime”: Mike Rappaport has this post at the “Law & Liberty” blog.

Posted at 9:16 PM by Howard Bashman



“US appeals court hands truckers defeat in turnpike toll suit”: Mark Scolforo of The Associated Press has a report that begins, “High tolls on the Pennsylvania Turnpike do not violate the right of truckers and other motorists to travel between states, a federal appeals court ruled Tuesday, upholding a lower-court dismissal of a lawsuit against state agencies and officials.”

You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 9:14 PM by Howard Bashman



“Big Law’s Supreme Court Star Power Competes for Smaller Pie”: Meghan Tribe and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 6:18 PM by Howard Bashman