How Appealing



Tuesday, December 31, 2019

“Impeachment Trial Looming, Chief Justice Reflects on Judicial Independence; Chief Justice John Roberts’s year-end report on the judiciary praised civics education, but it was not hard to detect a timely subtext that appeared to be addressed to President Trump”: Adam Liptak will have this article in Wednesday’s edition of The New York Times.

Robert Barnes of The Washington Post reports that “Roberts says judges should lead the way on civics but doesn’t mention one outreach possibility.”

David G. Savage of The Los Angeles Times reports that “U.S. Chief Justice John Roberts warns of social media’s danger to democracy.”

Jess Bravin of The Wall Street Journal reports that “Chief Justice’s Annual Report Warns of Effect of ‘Rumor and False Information’ on Democracy; Report says Americans must pass on ‘tools to understand and improve’ a functioning government.”

Mark Sherman of The Associated Press has a report headlined “Roberts: Judges working to promote civics, impartial courts.”

Andrew Chung of Reuters reports that “U.S. chief justice warns of internet disinformation, urges civics education.”

Greg Stohr of Bloomberg News reports that “U.S. Taking Democracy for Granted, Chief Justice Roberts Says.”

Ariane de Vogue of CNN reports that “Chief Justice John Roberts says Americans may ‘take democracy for granted.’

Bill Mears of Fox News reports that “Chief justice promotes civics education in year-end report.”

Josh Gerstein of Politico reports that “Chief Justice John Roberts warns about dangers of fake news; Some read the annual New Year’s Eve message as a rebuke of President Donald Trump.”

John Kruzel of The Hill reports that “Justice Roberts touts civic education as antidote to social media-fueled falsehoods.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Chief Justice Warns That ‘Civic Education Has Fallen By the Wayside.’

You can access Chief Justice John G. Roberts, Jr.’s “2019 Year-End Report on the Federal Judiciary” at this link.

Posted at 11:46 PM by Howard Bashman



“Kelly had dozens of his posts on controversial political topics pulled from blog”: WisPolitics News recently had this report.

As the article notes at its conclusion, thanks to the Internet Archive’s Wayback Machine, successfully removing things from the internet can be very difficult.

Posted at 1:40 PM by Howard Bashman



“Biden would nominate Obama to Supreme Court ‘if he’d take it'”: Caroline Kelly, Sarah Mucha, and Ariane de Vogue of CNN have this report.

Posted at 1:30 PM by Howard Bashman



Monday, December 30, 2019

“Retired Law Professor Sues Lawyer-Commenters on Law Blog”: Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 11:03 PM by Howard Bashman



“Delaware’s 1st African-American Supreme Court justice on shattering the glass ceiling: ‘I stand on the shoulders of so many giants.'” Amy Cherry of WDEL Newsradio has this report.

Posted at 10:14 PM by Howard Bashman



“Virginia Poised To Pass Equal Rights Amendment Nearly 5 Decades After It Was Proposed”: Ailsa Chang had this audio segment on today’s broadcast of NPR’s “All Things Considered.”

Posted at 9:10 PM by Howard Bashman



“3 years in, no sign of Trump’s replacement for Obamacare”: Aamer Madhani and Ricardo Alonso-Zaldivar of The Associated Press have this report.

Posted at 9:00 PM by Howard Bashman



“Secret complaints, outcomes: How Louisiana’s Judiciary Commission protects judges it’s meant to police; Just 14 Louisiana judges over the past decade have faced public repercussions for misconduct, despite thousands of complaints.” Andrea Gallo and John Simerman of The Times-Picayune of New Orleans have this report.

Posted at 8:40 PM by Howard Bashman



“Lawyers Will Ask Supreme Court To End Mandatory Membership, Financial Support Of State Bars”: Kevin Daley of The Daily Caller has this report.

Posted at 8:12 AM by Howard Bashman



“‘An Iowan by choice’: Bruce Snell, a former Iowa Supreme Court Justice and founding member of the appeals court, dies at 90.” Anna Spoerre of The Des Moines Register has this report.

Posted at 8:10 AM by Howard Bashman



“Bill Barr Thinks America Is Going to Hell: And he’s on a mission to use the ‘authority’ of the executive branch to stop it.” Katherine Stewart and Caroline Fredrickson have this op-ed in today’s edition of The New York Times.

Posted at 8:05 AM by Howard Bashman



“The Supreme Court’s Past Decade Could Be Liberals’ Last Gasp; A shift to the right in the 2020s could last for a generation”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 8:02 AM by Howard Bashman



Sunday, December 29, 2019

“Second Amendment ‘Sanctuaries’: Virginia counties say they might not enforce new gun-control laws.” The Wall Street Journal has published this editorial.

Posted at 9:40 PM by Howard Bashman



“Court of Appeals wants higher sentence for Staten Island ISIS backer”: Irene Spezzamonte of The Staten Island Advance has this report.

Stephen Rex Brown of The New York Daily News reports that “Appeals Court orders resentencing after Staten Island ISIS wannabe gets ‘shockingly low’ 17 years.”

Elizabeth Rosner of The New York Post reports that “Appeals court rules Brooklyn federal judge went easy on ISIS wannabe.”

Shayna Jacobs of The Washington Post reports that “Federal appeals court says judge in ISIS case gave ‘shockingly’ low prison sentence to man who attempted to kill FBI agent.”

Larry Neumeister of The Associated Press reports that “Court: 17-year term in attack on FBI agent ‘shockingly low.’

Jonathan Stempel of Reuters reports that “U.S. appeals court voids ‘shockingly low’ 17-year sentence in NY terrorism case.”

And Josh Russell of Courthouse News Service reports that “Court Chucks ‘Shockingly Low’ 17-Year Term for FBI Stabbing.”

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

Posted at 8:42 PM by Howard Bashman



“Court upholds national monument designation off New England coast; Fishing groups objected to the Northeast Canyons and Seamounts Marine National Monument because it restricts where they can fish”: Edward D. Murphy of The Portland (Me.) Press Herald has this report.

Doug Fraser of The Cape Cod Times reports that “Appeals court upholds creation of marine monument off Cape Cod.”

Jennifer Mitchell of Maine Public Radio reports that “Atlantic Marine Monument Withstands Federal Appeals Court Challenge.”

And Tim Ryan of Courthouse News Service reports that “Atlantic Ocean’s First Marine Monument Survives Court Challenge.”

You can access Friday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 8:24 PM by Howard Bashman



“The Citizens United ruling broke American democracy at the start of the decade. It never recovered. The election of Donald Trump will likely define the 2010s, but a single day in January set his rise into motion.” Igor Derysh has this essay online at Salon.

Posted at 8:10 PM by Howard Bashman



“Drawing the Guantánamo Bay War Court: I spent a week at Gitmo’s military court, drawing the people involved in the Sept. 11 trial; It was a challenge in every way imaginable.” Wendy MacNaughton has this Times Insider essay online at The New York Times.

Posted at 5:42 PM by Howard Bashman



“Will Florida Kill an Innocent Man? The testimony of a notorious con artist and jailhouse informant could mean the difference between life and death.” Jesse Wegman has this essay online at The New York Times.

Posted at 5:36 PM by Howard Bashman



“White House Counsel Drives Aggressive Trump Impeachment Defense; Pat Cipollone and deputies have a key role but internal White House tensions persist”: Michael C. Bender and Rebecca Ballhaus of The Wall Street Journal have this report.

Posted at 5:32 PM by Howard Bashman



“Sales-Tax Ruling Strains Small Online Sellers; Businesses are still trying to adjust to Supreme Court’s collection ruling in Wayfair case last year”: Ruth Simon of The Wall Street Journal has this report.

Posted at 5:28 PM by Howard Bashman



“Gerrymandering is alive and well. The coming battle will be bigger than ever. Republicans, Democrats clash over who will draw the congressional district maps that could determine control of the House.” Jane C. Timm of NBC News has this report.

Posted at 5:02 PM by Howard Bashman



“Biden says he’s open to Obama being Supreme Court nominee; If nominated, he would be the second person in US history to serve as the country’s chief executive and as a justice on its highest court”: Evie Fordham of Fox Business has this report.

Posted at 4:42 PM by Howard Bashman



“The Louisiana Clinic At The Center Of Abortion Case Before Supreme Court; An abortion clinic in Louisiana is at the center of a major Supreme Court case”: Sarah McCammon of NPR has this report.

Posted at 10:44 AM by Howard Bashman



Saturday, December 28, 2019

“Fred P. Graham, Legal Affairs Reporter and Court TV Anchor, Dies at 88; Mr. Graham covered the Supreme Court for The New York Times during an era of intense political upheaval and racial tension before becoming CBS’s law correspondent in 1972”: The New York Times has posted online this obituary written by Robert D. McFadden.

Posted at 11:32 PM by Howard Bashman



“Revitalizing the Federal Courts: Trump and the GOP Senate elevate a new judicial generation.” Today’s edition of The Wall Street Journal contains an editorial that begins, “President Trump is far from a shoo-in for re-election, but win or lose in 2020 his legacy already includes advancing a new generation of highly professional, constitutional federal judges.”

Posted at 5:14 PM by Howard Bashman



“Inside America’s War Court: Clothing and Culture at Guantánamo Bay; What the 9/11 case defendants, lawyers and others wear at the war court, like all fashion, has meaning; It evokes emotions, stirs controversy and, above all, sends messages.” Carol Rosenberg has this front page article in today’s edition of The New York Times.

Posted at 9:10 AM by Howard Bashman



Friday, December 27, 2019

“James Ho, a Trump judge whose opinions resemble Rush Limbaugh’s most incoherent rants, accused the majority of enabling mass shootings when it withheld qualified immunity from cops who apparently shot an innocent man to death.” The quoted sentence appears in Mark Joseph Stern’s jurisprudence essay that Slate posted online yesterday evening under the headline “What Happened When Trump Reshaped a Powerful Court: For the 5th Circuit, 2019 was an experiment in extreme right-wing jurisprudence.”

Stern’s statement that the majority “withheld qualified immunity from cops who apparently shot an innocent man to death” is mistaken, as a reader of my blog kindly pointed out to me by email shortly after my original post about the Fifth Circuit‘s denial of rehearing en banc included the very same erroneous characterization of the original divided three-judge panel’s ruling.

To be sure, Circuit Judge James C. Ho‘s dissent from the denial of rehearing en banc in this case can easily be understood to suggest that the original panel’s decision denied qualified immunity to the officers, but the original panel’s majority per curiam opinion makes clear that it affirmed the district court’s grant of qualified immunity in favor of the officers. This perhaps explains why four of the Fifth Circuit’s ordinarily most conservative judges voted against rehearing en banc, resulting in a 10-to-6 vote against full court review, instead of a 10-to-6 vote in favor had those four believed that full court review was merited.

Posted at 11:28 AM by Howard Bashman



“Next stop for first post-Janus challenge to mandatory state bar dues: Supreme Court.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:52 AM by Howard Bashman



“Trump Impeachment Trial Is Chief Justice Roberts’ Nightmare; The Supreme Court leader desperately wants to seem apolitical; Good luck with that”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:48 AM by Howard Bashman