How Appealing



Friday, October 14, 2016

“Why the Supreme Court Matters More to Republicans than Trump: Conservative justices might be the party’s final bulwark against a changing electoral landscape.” Russell Berman of The Atlantic has this report today.

Posted at 12:03 PM by Howard Bashman



“Race bias in the jury room: what’s the solution?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 9:30 AM by Howard Bashman



“Do Counterterrorism Lawsuits Stand a Chance in Court? A group of non-citizens detained after the 9/11 terrorist attacks claim officials violated their constitutional rights, but the result in the case isn’t likely to be in their favor.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 9:28 AM by Howard Bashman



Thursday, October 13, 2016

“Mike Lee explains why the GOP will block Garland even if Clinton wins”: James Hohmann of The Washington Post has this report.

Posted at 2:56 PM by Howard Bashman



“Paterson council rejects $1.6M deal in US Supreme Court case on campaign sign”: Joe Malinconico has this front page article in today’s edition of The Record of Hackensack, New Jersey.

Posted at 1:48 PM by Howard Bashman



“In major decision, 10th Circuit rules Wyoming can’t force BLM to remove wild horses”: Arno Rosenfeld of The Caspar Star Tribune has this report.

And Tom McGhee of The Denver Post reports that “Federal appeals court in Denver dismisses lawsuit calling for wild horse roundup in Wyoming; Wyoming sued the BLM, saying it failed to keep wild horses within certain range land.”

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

Posted at 1:15 PM by Howard Bashman



“New hope for undocumented immigrants: DAPA might not be dead — a bold legal strategy could protect millions from deportation; A series of legal end runs may succeed in restoring Obama’s protections for millions of undocumented immigrants.” Daniel Denvir of Salon.com has this report.

Posted at 12:08 PM by Howard Bashman



Eighth Circuit panel reverses course, ordering that Missouri Department of Corrections need not reveal information regarding use of pentobarbital in executions, including the identity of its anonymous supplier: You can access today’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

Update: In early news coverage, The Associated Press reports that “Court reversal shields Missouri’s execution drug provider.”

Posted at 12:04 PM by Howard Bashman



“Abbott and Costello Heirs Lose Appeal Over Broadway Play’s Use of ‘Who’s on First’ Routine; ‘Hand of God’ producers beat lawsuit — not because of fair use, but because the heirs haven’t demonstrated ownership of a valid copyright”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued on Tuesday.

Posted at 11:30 AM by Howard Bashman



“The D.C. Circuit’s gratuitous ruling on CFPB constitutionality”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:48 AM by Howard Bashman



“Clinton’s vow to push Supreme Court left galvanizes conservatives wary of Trump”: S.A. Miller of The Washington Times has this report.

Posted at 8:00 AM by Howard Bashman



Wednesday, October 12, 2016

“Supreme Court Weighs Bias and Secrecy in Jury Deliberations”: Adam Liptak has 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 hears case concerning biased comments in jury room.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Weighs Bias Claims in Murder Trial; Justices hear arguments over whether expert witness’s racial comments undermined African-American man’s sentencing.”

And Richard Wolf of USA Today reports that “Justices divided over jury racism, privacy.”

Posted at 10:58 PM by Howard Bashman



“Case Accusing Bush Officials of 9/11 Abuses Heads to Supreme Court”: Adam Liptak has 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 to consider lawsuit against former attorney general Ashcroft.”

Josh Gerstein of Politico.com has a blog post titled “Six-justice SCOTUS could decide cases on post-9/11 detentions.”

And at the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Webster Bivens’ story — an update after a half-century.”

Posted at 10:54 PM by Howard Bashman



“Supreme Court to decide whether U.S. Border Patrol agent can be sued for shooting Mexican teenager”: David G. Savage of The Los Angeles Times has this report.

Posted at 10:50 PM by Howard Bashman



“The Consumer Protection Agency Is Unusual. It’s Not Unconstitutional.” Law professor Cass R. Sunstein has this essay online at Bloomberg View.

Online at The Los Angeles Times, business columnist Michael Hiltzik has an essay titled “A conservative federal judge takes an overheated slap at the Consumer Financial Protection Bureau.”

And at the “Notice & Comment” blog of the Yale Journal on Regulation, Aaron Nielson has a post yesterday titled “D.C. Circuit Review — Reviewed: A Primer on Today’s CFPB Decision.”

Posted at 9:48 PM by Howard Bashman



“Bloomberg Law: Former Solicitor General Don Verrilli.” Donald Verrilli speaks with Greg Stohr and June Grasso in a podcast you can access via this link.

Posted at 9:35 PM by Howard Bashman



“Death sentence in doubt?” In today’s edition of The Oklahoman, Chris Casteel has a front page article that begins, “The U.S. Supreme Court on Tuesday ordered a new review of the death sentence given to an Oklahoma man convicted of killing a woman and her two children.”

Also in today’s edition of The Oklahoman, Nolan Clay has a front page article headlined “Some death row inmates have been executed despite same error in their cases; one resentenced to life.”

Posted at 9:18 PM by Howard Bashman



“Ruth Bader Ginsburg Was Never Really ‘Notorious RBG’: Her attacks on Colin Kaepernick dispel that myth once and for all.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:00 PM by Howard Bashman



Tuesday, October 11, 2016