How Appealing



Tuesday, July 20, 2021

“Showtime’s Win in ‘Billions’ Battle Affirmed by Appeals Court; Having the same gender and occupation isn’t enough for hedge fund performance coach Denise Shull to sustain a suit alleging the fictional character Wendy Rhoades is based on her”: Ashley Cullins has this post at the “THR, Esq.” blog of The Hollywood Reporter.

And Josh Russell of Courthouse News Service reports that “Copyright Case Over ‘Billions’ Gets 2nd Circuit Flush; Any ‘stock similarities’ between the ‘Billions’ character Wendy Rhoades and a real-life executive-performance coach are insufficient to support a plausible infringement claim, the Second Circuit ruled Monday.”

You can access yesterday’s summary order of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 10:09 AM by Howard Bashman



“Indiana Voter Purge Law Remains Blocked per 7th Circuit Ruling; The three-judge appeals court panel upheld a lower court’s ruling in favor of voter rights groups, barring a law allowing sweeping purges of voter lists, but vacated portions of the lower court’s ‘too broad’ injunction”: Joe Kelly of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.

Posted at 9:51 AM by Howard Bashman



“Family, friends honor Dan Markel seven years after his murder”: Jada Williams of Tallahassee, Florida’s ABC News affiliate WTXL has this report.

Posted at 9:42 AM by Howard Bashman



Monday, July 19, 2021

“Indiana University Can Require Covid-19 Vaccines, Federal Judge Says; Ruling deals setback to growing legal effort against compulsory inoculation at public educational institutions”: Jacob Gershman will have this article in Tuesday’s edition of The Wall Street Journal.

And Carley Lanich of The South Bend Tribune reports that “Federal judge sides with Indiana University; COVID vaccine mandate stands, for now.”

You can access yesterday’s ruling of the U.S. District Court for the Northern District of Indiana at this link.

Posted at 8:42 PM by Howard Bashman



“Biden Legal Team Decides Inmates Must Return to Prison After Covid Emergency; When the pandemic ends, thousands in home confinement will be recalled unless Congress acts or Biden issues mass commutations”: Charlie Savage and Zolan Kanno-Youngs will have this article in Tuesday’s edition of The New York Times.

Posted at 8:37 PM by Howard Bashman



“Merrick Garland Needs to Show He Knows What Jan. 6 Was Really About”: Donald Ayer, Danielle Brian, and Norman Eisen have this essay online at The New York Times.

Posted at 8:02 PM by Howard Bashman



“Confirmed: Cunningham Will Be Federal Circuit’s First Black Judge; A 63-33 vote to confirm Perkins Coie partner also brings gender parity to the D.C.-based appellate court; It’s ‘phenomenal news’ for lawyers seeking more diversity on the federal appellate bench and the patent bar.” Scott Graham has this report online at The National Law Journal.

This evening, the U.S. Senate confirmed Tiffany P. Cunningham to serve on the U.S. Court of Appeals for the Federal Circuit by a vote of 63-to-33.

Update: In other coverage, Jack Rodgers of Courthouse News Service reports that “Tiffany Cunningham Confirmed by Senate as First Black Federal Circuit Judge; Tiffany Cunningham will be the first African American seated on the patent-focused Federal Circuit.”

Posted at 7:48 PM by Howard Bashman



“Telephone Pole Cameras and Long-Term Government Surveillance”: Matthew Tokson has this post at “Dorf on Law.”

Posted at 1:32 PM by Howard Bashman



“Does Biden intend to curtail the Supreme Court’s powers?” Columnist Nicholas Goldberg has this op-ed in today’s edition of The Los Angeles Times.

Posted at 1:30 PM by Howard Bashman



“Reaffirm, don’t reverse, landmark Supreme Court libel decisions”: This editorial appears in today’s edition of The Los Angeles Times.

Posted at 1:26 PM by Howard Bashman



Sunday, July 18, 2021

“How the Supreme Court dominates our democracy: Judicial review gives any five justices power over the whole government; Why?” Law professor Nikolas Bowie has this essay online at The Washington Post.

Posted at 9:30 AM by Howard Bashman



Saturday, July 17, 2021

“State Supreme Court sides with recall campaign, draws Dunleavy’s ire; Gov calls for change to judicial selection”: Peter Segall of The Juneau Empire has this report.

Yereth Rosen of Reuters reports that “Alaska Supreme Court says recall campaign to oust governor can proceed.”

And Celine Castronuovo of The Hill reports that “Recall against Alaska governor can proceed, court says.”

You can access yesterday’s ruling of the Supreme Court of Alaska at this link.

Posted at 7:46 PM by Howard Bashman



Friday, July 16, 2021

“In Texas, vigilantism replaces the rule of law”: Online at The Washington Post, columnist Ruth Marcus has an essay that begins, “Leave it to Texas to come up with a way to violate women’s constitutional rights with a modern twist on vigilante justice.”

Posted at 8:45 PM by Howard Bashman



“A Pause in Federal Executions, but Uncertainty About What’s Next; President Biden’s Justice Department has ordered a moratorium on carrying out federal death sentences after a surge in executions under the Trump administration”: Hailey Fuchs of The New York Times has this report.

Posted at 7:41 PM by Howard Bashman



“Boycott the Federalist Society: The group refuses to condemn insurrectionists in its ranks; It should not occupy a place of respect in the legal community.” Nicholas Wallace has this jurisprudence essay online at Slate.

Posted at 7:20 PM by Howard Bashman



“Governor fills Supreme Court vacancy”: The Office of New Mexico Governor Michelle Lujan Grisham today issued a news release that begins, “Gov. Michelle Lujan Grisham has appointed Briana H. Zamora of the New Mexico Court of Appeals to the state Supreme Court, closing the vacancy left by the Honorable Justice Barbara J. Vigil, who retired.”

Posted at 1:33 PM by Howard Bashman



“‘Shame’ Over Astros Scandal Doesn’t Give Fans License to Sue”: Robert Burnson of Bloomberg News has this report.

And Rosana Hughes of Courthouse News Service reports that “Texas Appeals Court Rejects Class Action Over Baseball Cheating Scandal; Fans said they never would have bought Houston Astros tickets had they known about the team’s sign-stealing scheme, but the court found they are not entitled to damages.”

You can access yesterday’s ruling of the Fourteenth Court of Appeals of Texas at this link.

Posted at 10:47 AM by Howard Bashman



Thursday, July 15, 2021

“Why the Lawyers Cartel Is Pushing for Woke Law Schools: The ABA’s proposed accrediting standards would impose uniformity and call it ‘diversity.'” Law professor John O. McGinnis will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 8:47 PM by Howard Bashman



“Liberals Blast Breyer’s ‘Ego’ as He Balks at Retirement Pressure”: Jordan S. Rubin and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 5:28 PM by Howard Bashman



“Voting Rights Tension Spills Into Second Circuit Pick Hearing”: Madison Alder of Bloomberg Law has this report.

Harper Neidig of The Hill reports that “Senate Republicans attack circuit court pick over voting rights advocacy.”

Todd Ruger of Roll Call reports that “Appeals court nominee sparks debate over past voting rights advocacy; Senate Judiciary Republicans express doubts she could set aside past positions.”

Jennifer Bendery of HuffPost has a report headlined “Tom Cotton Tried To Mock One Of Biden’s Judicial Nominees. It Backfired. It turns out Myrna Pérez, a voting rights attorney up for a U.S. appeals court seat, isn’t afraid to talk about why she doesn’t like to use the word ‘felon.’

And Samantha Hawkins of Courthouse News Service reports that “Voting Rights Advocate Tapped for Appeals Court Faces Pushback From GOP Senators; Having spent 15 years as a voting rights advocate for the Brennan Center for Justice, Republican senators argue Myrna Pérez isn’t fit to be a U.S. circuit judge.”

You can view the video of yesterday’s confirmation hearing for judicial nominees of the U.S. Senate Judiciary Committee via this link.

Posted at 5:15 PM by Howard Bashman



“Major Supreme Court reform is unlikely. But these changes would be a good start. New ethics rules might prevent conflicts of interest — and it’s time to televise arguments.” Law professor Daniel Epps has this essay online at The Washington Post.

Posted at 2:09 PM by Howard Bashman



“On Voting Rights, Justice Alito Is Stuck in the 1980s”: Linda Greenhouse has this essay online at The New York Times.

Posted at 2:02 PM by Howard Bashman