How Appealing



Wednesday, March 31, 2021

“Supreme Court Seems Ready to Back Payments to Student-Athletes; But the justices voiced concern that challenges to N.C.A.A. limits on pay beyond the modest education-related sums at issue in the case could threaten the distinction between amateur and pro sports”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court skeptical of NCAA’s case for withholding benefits from student athletes.”

David G. Savage of The Los Angeles Times reports that “Supreme Court justices see ‘exploitation’ of college athletes in NCAA case.”

Brent Kendall and Louise Radnofsky of The Wall Street Journal report that “NCAA Pressed by Supreme Court Justices on Player Compensation; They question how colleges, in keeping with antitrust law, can be prohibited from competing for athletes by offering better benefits.”

Steve Berkowitz of USA Today reports that “Supreme Court justices grill NCAA, calling arguments ‘entirely circular’ and ‘somewhat disturbing.’

Alex Swoyer of The Washington Times reports that “NCAA, college athletes square off at Supreme Court over student compensation.”

Jessica Gresko of The Associated Press reports that “High court sympathetic to college athletes in NCAA dispute.”

Lawrence Hurley of Reuters reports that “NCAA plays defense in U.S. Supreme Court athlete compensation case.”

Greg Stohr of Bloomberg News reports that “NCAA Gets Mixed Reception at Supreme Court on Athlete Compensation.”

Pete Williams of NBC News reports that “Supreme Court wary of taking too much authority from NCAA over college athletes; The case doesn’t directly involve the hot-button issue of whether athletes should be paid, but it will determine how much authority the NCAA would have over such payments in the future.”

Ariane de Vogue of CNN reports that “Supreme Court grapples with NCAA rules limiting some payments for student athletes.”

Shannon Bream and Bill Mears of Fox News report that “Supreme Court tips off a legal fight over NCAA amateurism restrictions; It is the first time the high court is considering NCAA’s business model in nearly four decades.”

Tucker Higgins of CNBC reports that “Supreme Court appears willing to side with college athletes against NCAA in compensation case.”

John Kruzel of The Hill reports that “Supreme Court seems wary of NCAA limits on student-athlete compensation.”

Mark Walsh of Education Week reports that “Supreme Court Sympathetic to College Athletes’ Challenge to NCAA Rules on Education Aid.”

Kaila Philo of Courthouse News Service reports that “Justices Voice Sympathy for Student-Athletes in Historic Compensation Case; The NCAA insists that its cash limits protect the integrity of amateur college athletics, but the Supreme Court was leery of the outfit making billions on the backs of low-cost labor.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Weighs Whether NCAA Is Illegally ‘Fixing’ Athlete Compensation.”

In commentary, online at Bloomberg Opinion, Joe Nocera has an essay titled “NCAA’s ‘Amateurism’ Hits a Wall at the Supreme Court; Thanks to a former ‘sneaker pimp,’ compensating college athletes is an idea whose time has come.”

And online at Slate, Alex Kirshner has an essay titled “The Supreme Court Might Be Ready to Smack Down the NCAA; Amy Coney Barrett accurately summed up the NCAA’s argument as an idea that ‘consumers love watching unpaid people play sports.’

You can access via this link the audio and transcript of today’s U.S. Supreme Court oral argument in National Collegiate Athletic Assn. v. Alston, No. 20-512.

Posted at 9:26 PM by Howard Bashman



“Minnesota Court Ruling Fuels Calls to Change Sexual Assault Law; The state Supreme Court tossed out a man’s conviction on a third-degree sexual conduct charge because the woman he was accused of assaulting was ‘voluntarily intoxicated’ at the time”: Christina Morales of The New York Times has this report.

Posted at 8:35 PM by Howard Bashman



“Against a Flight 93 Jurisprudence; The decay of the American republic ought to prompt a renewed zeal for the recovery of constitutional limits, not a grasp for the levers of judicial power”: John G. Grove has this post at the “Law & Liberty” blog.

Posted at 8:30 PM by Howard Bashman



“Texas attorney general backs challenge to Harvard’s affirmative action policies at Supreme Court”: Joan Biskupic of CNN has this report.

Posted at 8:24 PM by Howard Bashman



“Conservatives fret over Supreme Court’s delay in accepting Mississippi abortion case”: David G. Savage of The Los Angeles Times has this report.

Posted at 8:20 PM by Howard Bashman



“Ruth Bader Ginsburg’s Former Clerk On The ‘Notorious’ Late Justice And Her Enduring Legacy; RBG and Amanda Tyler completed Justice, Justice Thou Shalt Pursue just weeks before the Supreme Court Justice’s passing”: Annie Werner has this article online at Elle.

Posted at 7:18 PM by Howard Bashman



“Statement From Chief Judge Janet DiFiore on the Passing of Associate Judge Paul G. Feinman”: New York State’s Chief Judge issued this statement today.

And Ryan Tarinelli of the New York Law Journal reports that “Trailblazing Judge Paul Feinman Dead After Recent Retirement From Court of Appeals; Paul Feinman redefined what was possible for LGBTQ lawyers and judges in New York, said Matthew Skinner, executive director of The Richard C. Failla LGBTQ Commission, last week.”

Posted at 4:55 PM by Howard Bashman



“Religious Exceptions and the Deformation of the First Amendment”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Therein, he writes, “For this topic, I’ll take as my point of departure last week’s Sixth Circuit ruling in Meriwether v. Hartop, which permits a First Amendment lawsuit by a professor at a state university who refused to call a trans student by her preferred pronouns.”

Posted at 3:42 PM by Howard Bashman



“Wisconsin Supreme Court overturns statewide mask mandate, blocks Evers from declaring multiple emergency orders”: Molly Beck of The Milwaukee Journal Sentinel has this report.

Riley Vetterkind of The Wisconsin State Journal reports that “Wisconsin Supreme Court rules Tony Evers’ emergency orders, face mask requirement unlawful.”

Todd Richmond of The Associated Press reports that “Wisconsin Supreme Court strikes down governor’s mask mandate.”

And Justine Coleman of The Hill reports that “Wisconsin Supreme Court rules governor exceeded authority with mask mandate, emergency orders.”

You can access today’s 4-to-3 ruling of the Supreme Court of Wisconsin at this link.

Posted at 1:24 PM by Howard Bashman



Tuesday, March 30, 2021

“Appeals court upholds constitutionality of terror watchlist”: Matthew Barakat of The Associated Press has this report.

And Samantha Hawkins of Courthouse News Service reports that “Fourth Circuit Upholds FBI Terrorist Watch List; A three-judge panel upheld the constitutionality of the government’s terrorist database, overturning a ruling which said that it violated the constitutional rights of Muslim-Americans.”

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

Posted at 9:38 PM by Howard Bashman



“Supreme Court Looks at Consequences of Falsely Calling Someone a Terrorist; Case involves class-action lawsuit against credit reporting agency TransUnion, which erroneously listed 8,000 consumers as being potential terrorists”: Jess Bravin of The Wall Street Journal has this report.

Lawrence Hurley of Reuters reports that “U.S. Supreme Court weighs TransUnion bid to nix ‘terrorist list’ lawsuit.”

Greg Stohr of Bloomberg News reports that “High Court Weighs Class Curbs in TransUnion Terrorist List Case.”

Samantha Hawkins of Courthouse News Service reports that “High Court Prods Massive Damages for Class on Terror Watch List.”

And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post titled “In TransUnion class action arguments, SCOTUS struggles to define ‘material risk.’

You can access via this link the transcript of today’s U.S. Supreme Court oral argument in TransUnion LLC v. Ramirez, No. 20-297.

Posted at 8:50 PM by Howard Bashman



“The Supreme Court’s Conservatives May Have Found a Tool to Restrict Abortion; The justices agreed to hear a Kentucky case that will be the first related to abortion since Amy Coney Barrett’s confirmation”: Matt Ford of The New Republic has this report.

Posted at 8:34 PM by Howard Bashman



“Oklahoma City loses bid to have U.S. Supreme Court revive panhandling ordinance, taxpayers’ bill could exceed $1 million”: William Crum of The Oklahoman has this report.

Posted at 8:30 PM by Howard Bashman



“Pronouns and the Philosophy Professor: A Christian teacher, a transgender student, and two years in court.” The Wall Street Journal has published this editorial.

Posted at 7:26 PM by Howard Bashman



“Biden Announced An Aggressive First Push To Diversify The Federal Courts; The White House announced judicial nominees who would break barriers if confirmed”: Zoe Tillman of BuzzFeed News has this report.

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled “Biden Borrowed the Federalist Society’s Tactics. Good. Except his first slate of judicial nominees represents actual diversity.”

And online at Vox, Ian Millhiser has an essay titled “What Biden’s first list of judicial nominees tells us about his approach to the courts: Biden named a diverse group of 11 lawyers to the federal bench on Tuesday, including several former public defenders.”

Posted at 7:08 PM by Howard Bashman



“President Biden picks ex-federal public defender Candace Jackson-Akiwumi for Chicago federal appeals court seat; Biden also nominated Chicago lawyer Tiffany Cunningham for the Court of Appeals for the Federal Circuit in Washington”: Lynn Sweet of The Chicago Sun-Times has this report.

Posted at 4:10 PM by Howard Bashman



“Police Avoid Liability to Drunk Dad Whose Daughter Called Them”: Bernie Pazanowski of Bloomberg Law has a report (subscription required for full access) that begins, “A University of Wisconsin-Madison dad, whose daughter called the police when he got drunk after attending a football game and wouldn’t give her the keys to his truck, failed to convince the Seventh Circuit that the police who responded falsely arrested him or used excessive force.”

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

Posted at 3:21 PM by Howard Bashman



“The Skinny on Recent Antitrust Decisions in the Federal Courts of Appeals”: Adam Feldman has this post at The Juris Lab.

Posted at 1:52 PM by Howard Bashman



“Libby Baird ’19 To Clerk for U.S. Supreme Court Justice Amy Coney Barrett”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 10:30 AM by Howard Bashman



“Republicans Have an Ambitious Agenda for the Supreme Court; Why the G.O.P. doesn’t need to try to pass mostly unpopular policies through the elected branches”: Ian Millhiser has this essay online at The New York Times.

Posted at 10:24 AM by Howard Bashman



“NYU Annual Survey of American Law 2021 Dedication: Justice Elena Kagan.” NYU School of Law has posted this video on YouTube.

Posted at 10:00 AM by Howard Bashman



“Biden’s first slate of judicial nominees aims to quickly boost diversity in federal courts”: Ann E. Marimow and Matt Viser of The Washington Post have this report.

Carl Hulse and Michael D. Shear of The New York Times report that “Biden Names Diverse Nominees for the Federal Bench; The president’s first choices for district and appeals court openings reflected his campaign promise to choose judges from outside of traditional backgrounds.”

John Fritze of USA Today reports that “Biden to elevate potential Supreme Court nominee to high-profile appeals court.”

In today’s edition of The Wall Street Journal, Laura Kusisto and Ken Thomas have an article headlined “Biden Has First Shot at Judicial Vacancies; Judges have retired or taken senior status, opening the way for the president to put his stamp on the judiciary.”

David Sherfinski of The Washington Times reports that “Biden announces 11 ‘racially diverse,’ progressive judicial nominees to federal bench.”

Darlene Superville of The Associated Press reports that “Biden announces diverse first slate of judicial nominees.”

Jennifer Jacobs and Kathleen Hunter of Bloomberg News report that “Biden’s First Court Picks Would Diversify Federal Judiciary.”

Ariane de Vogue and Betsy Klein of CNN report that “Biden unveils first slate of judicial nominees featuring diverse and history-making selections.”

Rebecca Shabad of NBC News reports that “Biden names diverse slate of judicial nominees in first effort to reshape federal courts; Biden plans to nominate Judge Ketanji Brown Jackson for the U.S. Circuit Court of Appeals for the District of Columbia, filling Attorney General Merrick Garland’s former seat.”

Tyler Olson of Fox News reports that “Biden announces 11 judicial nominees to federal bench, including progressive SCOTUS favorite; List includes judge shortlisted by progressive group Demand Justice.”

Marianne LeVine, Laura Barrón-López, Josh Gerstein, and Quint Forgey of Politico report that “Biden releases first wave of judicial nominees; After four years of Trump and Republicans shaping the courts, Democrats now get their turn.”

Nina Totenberg of NPR reports that “Ketanji Brown Jackson, Biden’s Pick, Is Viewed As Potential Supreme Court Justice.”

And at his blog “The Vetting Room,” Harsh Voruganti has a post titled “Judge Ketanji Brown Jackson — Nominee to the U.S. Court of Appeals for the D.C. Circuit.”

Today, the White House issued a news release titled “President Biden Announces Intent to Nominate 11 Judicial Candidates.”

Posted at 9:56 AM by Howard Bashman



Monday, March 29, 2021

“The pandemic has not slowed down Howard Bashman of How Appealing”: Stephanie Francis Ward has this post at ABA Journal about my appearance on the new installment of the “Asked & Answered” podcast that she hosts for that publication.

Posted at 10:18 PM by Howard Bashman



“Josh Hawley became a pariah in Washington after the insurrection. Does it matter?” Liz Goodwin of The Boston Globe has this report.

Posted at 10:12 PM by Howard Bashman