How Appealing

Tuesday, June 7, 2022

Programming note: On Wednesday morning, I will be presenting an oral argument in-person in an admiralty appeal to a three-judge panel of the U.S. Court of Appeals for the Third Circuit. As a result, additional posts will not appear here until Wednesday afternoon.

The U.S. Supreme Court has announced that it will be issuing one or more rulings in argued cases at 10 a.m. eastern time on Wednesday. You can access those opinions via this link as they are posted in ten-minute increments.

Posted at 10:20 PM by Howard Bashman

“Suspect in targeted Wisconsin judge killing in New Lisbon dies from apparent self-inflicted gunshot wound”: Elliot Hughes of The Milwaukee Journal Sentinel has this report.

Posted at 10:08 PM by Howard Bashman

“Chief Justice John Roberts facing test of leadership amid tense time at Supreme Court; The chief justice has embraced a go-slow approach to the most divisive issues facing the high court; Experts wonder if that’s still possible now that the court has a 6-3 conservative majority”: John Fritze of USA Today has this report (subscription required for full access).

Posted at 9:48 PM by Howard Bashman

“‘The Possibility of Prosecuting Federal Court Leakers — Update & Rejoinder’; Former prosecutors Markus Funk and Andrew S. Boutros, and Judge Virginia Kendall, delve further into this fascinating question”: This post appears at “The Volokh Conspiracy.”

Posted at 9:40 PM by Howard Bashman

“Is the Roberts Court the Least Productive Court of All Time?” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 7:28 PM by Howard Bashman

“After the Cawthorn Ruling, Can Trump Be Saved From Section 3 of the 14th Amendment?” Roger Parloff has this post at the “Lawfare” blog.

Posted at 7:23 PM by Howard Bashman

“I Ran Justice Alito’s Draft Abortion Opinion through the BriefCatch Legal Editing Software. Here’s What Happened.” Bob Ambrogi has this post at his “LawSites” blog.

Posted at 7:20 PM by Howard Bashman

“The Hollow Originalism of Amy Coney Barrett: Overturning important Supreme Court precedent is supposed to be difficult; In her academic writing, the newest justice previewed how she’d do it anyway.” James LaRock and Jacob Hammond have this essay online at Balls and Strikes.

Posted at 7:09 PM by Howard Bashman

“Trump-appointed judge defends rulings unpopular with ‘cultural elites'”: Nate Raymond of Reuters has a report that begins, “A federal appeals court judge appointed by former Republican President Donald Trump argued jurists ‘must not be afraid of being booed’ by issuing rulings unpopular with ‘cultural elites’ and people who consider the U.S. Constitution ‘trash.'”

Posted at 3:07 PM by Howard Bashman

“Artificial intelligence can be a patent ‘inventor,’ U.S. appeals court told”: Blake Brittain of Reuters has this report.

Samantha Handler of Bloomberg Law reports that “Federal Circuit Panel Balks at Accepting AI as Inventor.”

And at his “Patently-O” blog, Dennis Crouch has a post titled “The Manner in Which the Invention was Made.”

You can download the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit via this link (6.8 MB mp3 audio file).

Posted at 9:44 AM by Howard Bashman

“An O.C. lawyer won a personal-injury case. Then came the celebration video, and an apology.” Christopher Goffard of The Los Angeles Times has this report.

Posted at 8:15 AM by Howard Bashman

“Supreme Court Rejects Forced Arbitration for Southwest Airlines Baggage Workers; Unanimous opinion goes against trend of rulings making it easier for businesses to avoid class-action lawsuits brought by workers”: Jan Wolfe and Jess Bravin have this article in today’s edition of The Wall Street Journal.

Posted at 8:14 AM by Howard Bashman