How Appealing



Tuesday, March 10, 2020

“Appeals Court Affirms That the Trump Administration Has to Release the Unredacted Mueller Report; A liberal judge and a conservative judge team up to outvote a Trump judge”: Jeremy Stahl has this jurisprudence essay online at Slate.

Posted at 9:57 PM by Howard Bashman



“Sniper Lee Boyd Malvo is married in prison; No details released about bride or ceremony”: Tom Jackman of The Washington Post has this report.

Posted at 9:54 PM by Howard Bashman



“A Federal Judge Condemned the ‘Roberts Court’s Assault on Democracy.’ It’s About Time.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

And earlier today, at “The Volokh Conspiracy,” Josh Blackman had a post titled “Judge Lynn Adelman (ED.Wi) on CJ Roberts’s Confirmation Hearing: ‘Masterpiece of Disingenuousness.’”

Last Friday, U.S. District Judge Lynn Adelman (E.D. Wis.) posted on SSRN an article titled “The Roberts Court’s Assault on Democracy.”

Posted at 9:50 PM by Howard Bashman



“Sotomayor recuses from one of two Supreme Court cases with consequences for electoral college”: Robert Barnes of The Washington Post has this report.

Pete Williams of NBC News reports that “Sotomayor to sit out Colorado ‘faithless electors’ Supreme Court case; The justice took herself off the case involving a challenge to a state law on how presidential electors must cast votes because of a personal friendship with one of the challengers.”

Ariane de Vogue of CNN reports that “Justice Sonia Sotomayor won’t participate in Colorado faithless elector case.”

And Harper Neidig of The Hill reports that “Sotomayor recuses herself from case on ‘faithless electors.’”

You can access at this link the letter that the Clerk of the U.S. Supreme Court issued today to the parties in the case.

Posted at 9:30 PM by Howard Bashman



“Last Meals on Death Row, a Peculiarly American Fascination; Researching his book on final-menu fantasies, the critic Jay Rayner came across an unsettling body of work about the choices of the condemned”: Jay Rayner, restaurant critic for The London Observer, has this article online at The New York Times. Rayner’s latest book is titled “My Last Supper: One Meal, A Lifetime In The Making.”

Posted at 1:40 PM by Howard Bashman



“Justice Department must disclose secret Mueller grand jury evidence to Congress, appeals court finds”: Ann E. Marimow of The Washington Post has this report.

Charlie Savage of The New York Times reports that “House Can See Mueller’s Secret Grand Jury Evidence, Appeals Court Rules; The decision is a victory for Congress’s power to obtain information for an impeachment inquiry; The Trump administration is likely to appeal.”

Brent Kendall and Byron Tau of The Wall Street Journal report that “Appeals Court Rules Congress Can Have Access to Mueller Grand-Jury Materials; House Democrats sought materials that were redacted in Mueller report on Russian interference in 2016 election.”

Eric Tucker of The Associated Press has a report headlined “Court: House entitled to Mueller probe grand jury testimony.”

Jan Wolfe of Reuters reports that “U.S. appeals court says House panel can access Mueller report material.”

Bob Van Voris of Bloomberg News reports that “Congress Wins Ruling Giving it Access to Mueller Records.”

Josh Gerstein and Kyle Cheney of Politico report that “Democrats should get Mueller evidence, judges rule; It’s a major win for House Democrats seeking to obtain more information from the Russia probe.”

And Harper Neidig of The Hill reports that “Appeals court rules DOJ must give sealed Mueller materials to Congress.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, in which each of the three judges wrote an opinion, at this link.

Posted at 1:27 PM by Howard Bashman



“Supreme Court declines to hear closely watched bar association dues case”: James Varney of The Washington Times has this report.

Posted at 1:08 PM by Howard Bashman



Monday, March 9, 2020

“Led Zeppelin Ruling Topples Kozinski Precedent, and Maybe His Copyright Case, Too; The court ruled en banc that the inverse-ratio rule, in particular, a formulation from former Ninth Circuit Judge Alex Kozinski that made substantial similarity very easy to prove, should be discarded”: Scott Graham of The Recorder has this report.

Posted at 10:32 PM by Howard Bashman



“The National Injunction Arrives at the Supreme Court; A Bagley-Bray amicus brief in Trump v. Pennsylvania”: Samuel Bray has this post at “The Volokh Conspiracy.”

Posted at 9:07 PM by Howard Bashman



“Led Zeppelin did not steal ‘Stairway to Heaven’ riff, court rules”: Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that “Led Zeppelin wins appeal in ‘Stairway to Heaven’ copyright suit — no ‘substantial similarity.’”

Ben Sisario of The New York Times reports that “Led Zeppelin Prevails in ‘Stairway to Heaven’ Appeal; The court upheld a jury’s verdict that the band did not copy the opening to its classic 1971 hit from another band, Spirit.”

Anne Steele of The Wall Street Journal reports that “Led Zeppelin Is Cleared in ‘Stairway to Heaven’ Case; Appeals court says British rock group didn’t steal the open from an obscure single by the band Spirit.”

Andrew Dalton of The Associated Press reports that “Zeppelin wins latest battle of the bands in ‘Stairway’ fight.”

Jonathan Stempel of Reuters reports that “Led Zeppelin prevails in appeal over ‘Stairway to Heaven’ riff.”

Edvard Pettersson of Bloomberg News reports that “Led Zeppelin Prevails in Second ‘Stairway’ Appeals Decision.”

Gwen Aviles of NBC News reports that “Led Zeppelin wins ‘Stairway to Heaven’ copyright dispute; The copyright battle dates to 2014, when the estate of Spirit frontman Randy Wolfe sued Led Zeppelin.”

Gene Maddaus of Variety reports that “Led Zeppelin Scores Big Win in ‘Stairway to Heaven’ Copyright Case.”

Jon Blistein of Rolling Stone reports that “A New Led Zeppelin Court Win Over ‘Stairway to Heaven’ Just Upended a Copyright Precedent; Ninth Circuit Court rejects longstanding copyright precedent known as ‘inverse ratio rule’ in case over Spirit’s ‘Taurus’ versus Hall of Fame band.”

At the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Led Zeppelin Wins ‘Stairway to Heaven’ Copyright Fight Upon Appellate Replay.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Andrew Limbong had an audio segment titled “Led Zeppelin Wins Copyright Dispute Over ‘Stairway To Heaven.’”

You can access today’s ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:32 PM by Howard Bashman



“Democratic male judges may be headed for extinction in Texas. The cause? Voters. Women got more votes than men in all of the roughly 30 gender-split primary contests for high court, court of appeals and district court. Rarely was it even close.” Emma Platoff of The Texas Tribune has a report that begins, “In Democratic judicial primaries last Tuesday, Dayna beat David, Jane trounced Jim, and Colleen got more support than John, David and Brennen combined. Is that all there was to it?”

Posted at 12:50 PM by Howard Bashman



“Alaska Supreme Court chief justice recuses himself from Gov. Dunleavy’s recall case”: Nathaniel Herz of Alaska Public Media recently had this report.

Posted at 12:48 PM by Howard Bashman



“As Supreme Court considers abortion, light more candles for Ruth Bader Ginsburg’s health”: This editorial appears in today’s edition of The Philadelphia Inquirer.

Posted at 12:37 PM by Howard Bashman



“A Deepened Split on the Scope of Remand Appeals; In Baltimore’s climate-change litigation, the Fourth Circuit deepened the split on the scope of appeals from remand orders”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 12:33 PM by Howard Bashman



“The Supreme Court Has a Special ‘Friend’: The Justice Department; A new study questions the court’s practice of automatically granting argument time to the solicitor general as a ‘friend of the court.'” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

You can access via SSRN Darcy Covert and A.J. Wang‘s article titled “The Loudest Voice at the Supreme Court: The Solicitor General’s Dominance of Amicus Oral Argument.”

Posted at 10:44 AM by Howard Bashman



Sunday, March 8, 2020

“Abortion ruling could show whether Supreme Court can still claim independence”: The St. Louis Post-Dispatch has published this editorial.

Posted at 7:44 PM by Howard Bashman



“Governor sees partisan tinge in high court race; outside ads aided Webb, he observes”: John Moritz of The Arkansas Democrat-Gazette has this report.

Posted at 11:00 AM by Howard Bashman



“One of Philadelphia’s richest law firms wants tax breaks, again. Why it might get its way.” Harold Brubaker has this front page article in today’s edition of The Philadelphia Inquirer.

Posted at 10:54 AM by Howard Bashman



Saturday, March 7, 2020

“Another blow to Elizabeth Warren? Supreme Court eyes the legality of her CFPB”: Alex Swoyer of The Washington Times has this report.

Posted at 1:12 PM by Howard Bashman



“Trump Is Counting on the Supreme Court to Save Him: The president’s remarkable lawsuit against his own accountants and bankers can succeed only if the conservative majority intervenes on his behalf.” David Frum has this essay online at The Atlantic.

Posted at 12:52 PM by Howard Bashman



“What If the Court Saw Other Rights as Generously as Gun Rights? Both gun-rights advocates and educational equity activists use similar legal strategies. Why does the Supreme Court treat them so differently?” Law professor Aaron Tang has this essay online at The Atlantic.

Posted at 12:48 PM by Howard Bashman



Friday, March 6, 2020

“Barr Increasingly Appears Focused on Undermining Mueller Inquiry; A judge’s criticism cast light on the first in a series of steps by the attorney general to take aim at the Russia investigation”: Sharon LaFraniere of The New York Times has this news analysis.

Posted at 11:07 PM by Howard Bashman



“With ‘Remain in Mexico’ in limbo, Trump administration sends troops to San Diego border; Border officials troops will assist U.S. Customs and Border Protection agents with security next week pending court decision”: Phil Diehl of The San Diego Union-Tribune has this report.

Posted at 10:38 PM by Howard Bashman