How Appealing



Friday, March 13, 2020

“We Won’t Settle for Tokens”: You can access the final installment of the “Ginsburg Tapes” podcast with Lauren Moxley via this link.

Posted at 7:20 PM by Howard Bashman



“Could coronavirus change whether the Supreme Court streams proceedings? Justices still routinely deny media requests for audio to be released same day as major cases.” Todd Ruger of Roll Call has this report.

And Jordan S. Rubin of Bloomberg Law reports that “Supreme Court Pushed to Stream Arguments Amid Public Closure.”

Meanwhile, in matters a bit closer to home, the Pa. Superior Court announced today that it was postponing its en banc session scheduled for next Wednesday in Philadelphia, at which I was scheduled to argue the first case on the calendar on behalf of the plaintiffs-appellants.

Posted at 3:11 PM by Howard Bashman



“The Judiciary Still Hasn’t Reckoned With Its #MeToo Problem; Thanks to their immense power, federal judges have a license to harass — and no one is trying to stop them”: Elie Mystal has this essay online at The Nation.

Posted at 1:58 PM by Howard Bashman



“US Supreme Court Justice Brett Kavanaugh is visiting Louisville Friday, sources say”: Phillip M. Bailey of The Louisville Courier Journal has an article that begins, “U.S. Supreme Court Justice Brett Kavanaugh is visiting Louisville Friday to speak at a special event for U.S. District Judge Justin Walker, The Courier Journal has learned.”

Posted at 1:54 PM by Howard Bashman



Thursday, March 12, 2020

“A .com trademark case at the US Supreme Court could change the web as we know it”: Ephrat Livni of Quartz has this report.

Posted at 9:50 PM by Howard Bashman



“Conservative Wisconsin Supreme Court justices lash out against candidate Jill Karofsky”: Riley Vetterkind of The Wisconsin State Journal has an article that begins, “Four of Wisconsin’s conservative-backed Supreme Court justices lashed out against liberal-supported candidate Jill Karofsky on Wednesday, calling her rhetoric against her rival, incumbent Justice Dan Kelly, ‘irresponsible and insulting’ and deeming her unfit for the bench.”

Posted at 7:58 PM by Howard Bashman



“Senators demand records illuminating dark money ties to Supreme Court appointments”: Ephrat Livni of Quartz has this report.

Posted at 7:45 PM by Howard Bashman



“Maryland Senate advances legislation to rename state’s top court the Supreme Court of Maryland”: Luke Broadwater of The Baltimore Sun has this report.

Posted at 7:35 PM by Howard Bashman



“Supreme Court’s closure could be first disease-related shuttering in a century”: Katie Bart and Kalvis Golde have this post at “SCOTUSblog.”

Posted at 5:52 PM by Howard Bashman



“The Chaos Coming for the U.S. Election: The Supreme Court will soon hear two cases that could upend the entire Electoral College system just months before voters go to the polls.” Adav Noti has this essay online at The Atlantic.

Posted at 4:45 PM by Howard Bashman



“Out of concern for the health and safety of the public and Supreme Court employees, the Supreme Court Building will be closed to the public from 4:30 p.m. on March 12, 2020, until further notice.” So begins a notice that the U.S. Supreme Court has posted to the home page of its website.

Posted at 3:05 PM by Howard Bashman



“Supreme Court Revives ‘Remain in Mexico’ Policy for Asylum Seekers; A federal appeals court had found that the policy, which was put in place early last year, violated federal and international law”: Adam Liptak and Zolan Kanno-Youngs have this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court says Trump administration may continue ‘Remain in Mexico’ policy for asylum seekers.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court keeps in place Trump’s ‘Remain in Mexico’ asylum constraints.”

In today’s edition of The Wall Street Journal, Brent Kendall and Michelle Hackman have an article headlined “Supreme Court Allows Trump Administration to Maintain Remain-In-Mexico Immigration Policy; High court allows administration to maintain policy during ongoing litigation.”

And in today’s edition of The Washington Times, Stephen Dinan has a front page article headlined “Supreme Court allows DHS to continue Trump’s ‘Remain in Mexico’ policy for illegals; Decision eases feds’ fears of coronavirus vector.”

You can access yesterday’s order of the U.S. Supreme Court at this link.

Posted at 1:23 PM by Howard Bashman



“Nationwide class actions are safe, thanks to the D.C. and 7th Circuits”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 1:00 PM by Howard Bashman



“The Supreme Court’s Fictional Middle Ground on Abortion: There is no such thing.” Linda Greenhouse has this essay online at The New York Times.

Posted at 12:50 PM by Howard Bashman



“Milwaukee federal Judge Lynn Adelman creates stir with article blasting Supreme Court conservatives”: Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.

Posted at 9:24 AM by Howard Bashman



Wednesday, March 11, 2020

“‘Assault on Democracy’: A sitting federal judge takes on John Roberts, Trump and Republicans.” Fred Barbash of The Washington Post has this report.

Tony Mauro of The National Law Journal has a report headlined “‘It Needed to Be Said’: Wisconsin Federal Judge Defends His Article Slamming Roberts Court.”

And at “The Volokh Conspiracy,” Josh Blackman has a related post titled “Judge Adelman defends his criticism of Chief Justice Roberts and President Trump.”

Posted at 4:23 PM by Howard Bashman



“Trump judge lays out an aggressive plan to protect Trump from congressional oversight; Judge Neomi Rao’s opinions read like she’s acting as Trump’s personal protector”: Ian Millhiser has this essay online at Vox.

Posted at 2:00 PM by Howard Bashman



“Appeals Court Reviews Ohio Law Restricting Down-Syndrome Abortions; Antiabortion activists see hope that the conservative bench could uphold protection of fetuses with the genetic disorder”: Jacob Gershman of The Wall Street Journal has this report.

And Julie Carr Smyth of The Associated Press reports that “Down syndrome abortion ban is going before a federal court.”

The Sixth Circuit‘s en banc oral argument of this appeal was scheduled to begin at 1:30 p.m. eastern time today. When the oral argument audio recording becomes available online, I will link to it.

Posted at 1:44 PM by Howard Bashman



Tuesday, March 10, 2020

“Salary History Ruling by Ninth Circuit on Track to Supreme Court”: Patrick Dorrian of Bloomberg Law has a report (subscription required for full access) that begins, “Fresno County, Calif., signaled its intent to ask the U.S. Supreme Court to review the Ninth Circuit’s Feb. 27 ruling that a worker’s prior salary history isn’t job-related and can never be considered by a new employer when setting starting pay.”

Posted at 11:02 PM by Howard Bashman



“Planned Parenthood shooting: State Supreme Court considers whether property owners shoulder blame in mass shootings.” Shelly Bradbury of The Denver Post has this report.

Posted at 11:00 PM by Howard Bashman