How Appealing

Monday, February 24, 2020

Second Circuit revises opinion to delete passage that either praised, or took a swipe at, the artistic talent of Claude Monet: The U.S. Court of Appeals for the Second Circuit issued this amended opinion Friday.

This blog’s coverage of the brouhaha over an aside contained on page 14 the panel’s original opinion issued Thursday — which no longer appears on the Second Circuit’s web site — can be accessed here.

And Tom McParland of New York Law Journal reports that “US Judge Removes Monet Reference in Opinion, Saying It Wasn’t Art Criticism; Judge Barrington Parker Jr., who professed a great appreciation for the arts, clarified that Monet is an ‘absolutely great artist,’ and said it was best to delete the reference, which was incorrectly seen as a criticism of Monet.”

Posted at 10:02 AM by Howard Bashman

Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one case and called for the views of the Solicitor General in two cases related to one another.

In addition, the Court issued a unanimous per curiam opinion in Roman Catholic Archdiocese of San Juan, P.R. v. Feliciano, No. 18-921. Justice Samuel A. Alito, Jr. issued a concurring opinion, in which Justice Clarence Thomas joined.

Justice Sonia Sotomayor issued a statement respecting the denial of certiorari in Reed v. Texas, No. 19–411.

Justice Alito, joined by Justices Thomas and Neil M. Gorsuch, issued a concurrence in the denial of certiorari in Patterson v. Walgreen Co., No. 18–349.

Justice Thomas issued a dissent, in which Justice Alito joined, from the denial of a motion for leave to file complaint in Arizona v. California, No. 150, Orig.

And Justice Thomas dissented from the denial of certiorari in Baldwin v. United States, No. 19–402.

Posted at 9:32 AM by Howard Bashman

“The Justices’ Forgotten Debuts”: Andrew R. Gould has this essay at the Duke Law Journal Online. Footnotes 3 and 4 and the first word of the essay’s second paragraph may set-up and execute the rarely observed in the wild David G. Savage last-name pun.

Posted at 9:28 AM by Howard Bashman

“In One State, a Holdout Juror Can’t Block a Conviction. That May Not Last. Oregon is the last state in the nation where a jury can convict a defendant without a unanimous vote. The Supreme Court is weighing whether that is constitutional.” Timothy Williams will have this article in Monday’s edition of The New York Times.

Posted at 12:02 AM by Howard Bashman