How Appealing



Thursday, May 9, 2024

“Nonviolent felons can’t be banned from owning guns, 9th Circuit rules”: Bob Egelko of The San Francisco Chronicle has this report.

And Edvard Pettersson of Courthouse News Service reports that “Ninth Circuit finds that convicted felons also have Second Amendment rights; In a significant shift, the appellate court ruled that a landmark decision by the U.S. Supreme Court means that convicted felons can’t automatically be deprived of their right to bear arms.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. This case would seem to have a good likelihood of en banc rehearing if a related pending U.S. Supreme Court case does not fully resolve this issue.

Posted at 9:20 PM by Howard Bashman



“Sotomayor reflects on fairness, justice in virtual Albany talk; Associate Justice Sonia Sotomayor addressed the New York Bar Association’s Civics Convocation Thursday”: Patrick Tine of The Times Union of Albany, New York has this report.

And Beth Wang of Bloomberg Law reports that “Sotomayor Says AI Will Significantly Impact ‘How We Lawyer’; Sotomayor urged students to embrace revolutionary technology; Justice says it’s unlikely she’ll see female chief justice.”

Posted at 9:10 PM by Howard Bashman



“Notre Dame Law School ranked #4 in federal clerkship placement for second year”: Denise Wager of Notre Dame Law School has this report.

Posted at 9:00 PM by Howard Bashman



“Pro-Lifers Try to Block Alito Nomination; And I thwart the foolish effort”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 8:54 PM by Howard Bashman



“US Senate panel advances Tennessee prosecutor’s nomination to 6th Circuit”: Nate Raymond of Reuters has this report.

And Benjamin S. Weiss of Courthouse News Service reports that “Dems open the door for expanding judicial blue slips after years of partisanship; The longstanding Senate tradition allowing home state senators to weigh in on the White House’s judicial picks has remained restricted to U.S. district court nominees — thanks to deepening political divisions in Washington.”

Posted at 8:48 PM by Howard Bashman



“Solicitors general, past and present, reflect on ups and downs of job and arguing before SCOTUS”: Mark Walsh has this article online at ABA Journal.

Posted at 3:44 PM by Howard Bashman



“Supreme Court Justice Neil Gorsuch co-authors book on laws. ‘Over Ruled’ to be released Aug. 6”: Hillel Italie of The Associated Press has this report.

Posted at 2:46 PM by Howard Bashman



“13 Trump Judges, Who Are Also Giant Babies, Announce Embarrassing Columbia Boycott; Federal judges are now taking their time to engage in the time-honored social media tradition of making up a guy to get mad at”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 1:18 PM by Howard Bashman



“Do Judges ‘Have an Important Role to Play in Our Society’ Beyond Judging? A disagreement.” Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 10:45 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in two argued cases.

1. Justice Brett M. Kavanaugh delivered the opinion of the Court in Culley v. Marshall, No. 22-585. Justice Neil M. Gorsuch issued a concurring opinion, in which Justice Clarence Thomas joined. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Elena Kagan and Ketanji Brown Jackson joined. You can access the oral argument via this link.

2. And Justice Kagan delivered the opinion of the Court in Warner Chappell Music, Inc. v. Nealy, No. 22-1078. Justice Gorsuch issued a dissenting opinion, in which Justices Thomas and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman



Wednesday, May 8, 2024

“The Post-Chevron Separation of Powers; Eliminating Chevron may hasten our return to a division of power that helps guarantee liberty”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 9:36 PM by Howard Bashman



“Who Was at the Lectern This Supreme Court Term? If it weren’t for the four female justices, oral arguments would often have the feel of a male echo chamber, with 23 of the term’s 61 argued cases not featuring a single female attorney; That’s compared to just five cases that did not feature a male advocate.” Jimmy Hoover of The National Law Journal has this report.

Posted at 9:18 PM by Howard Bashman



“Conservative Judges Plan to Blackball Columbia University Graduates; More than a dozen Trump appointees sign letter critical of school’s response to student protests, academic-integrity issues”: Jess Bravin and Melissa Korn of The Wall Street Journal have this report.

And in commentary, in Thursday’s edition of The Wall Street Journal, U.S. Court of Federal Claims Judge Matthew Solomson will have an op-ed titled “Why Judges Are Boycotting Law Clerks From Columbia: The reputational costs from our boycott ought to provoke some soul-searching at the school.”

Posted at 8:58 PM by Howard Bashman



“Catholic school can fire gay drama teacher for marrying, court rules; The decision comes from an appellate court that in recent years has become one of the most progressive in the country”: Rachel Weiner of The Washington Post has this report.

And Patrick Dorrian of Bloomberg Law reports that “Gay Teacher’s Job Bias Win Nixed Under ‘Ministerial Exception’; Split 4th Cir. panel says ministerial exception isn’t waivable; Teacher fell under it, so no need to address other defenses.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 2:42 PM by Howard Bashman



“Sullivan & Cromwell Plans Vigilant Hiring Checks After Protests; Sullivan & Cromwell ‘closely’ follows events at schools it recruits from; Conservative judges have pledged not to hire Columbia grads”: Tatyana Monnay of Bloomberg Law has this report.

Posted at 2:34 PM by Howard Bashman



“Biden taps Florida judge for Atlanta-based federal appeals court”: Rosie Manins of The Atlanta Journal-Constitution has this report.

Nate Raymond of Reuters reports that “Biden nominates four new judges including to 11th Circuit.”

And Tiana Headley of Bloomberg Law reports that “Biden to Tap US Magistrate Judge for Eleventh Circuit Seat; Embry Kidd leads new batch of judicial nominees; Would serve in Florida, which has two Republican senators.”

The White House today issued a news release titled “President Biden Names Forty-Ninth Round of Judicial Nominees.”

Posted at 2:30 PM by Howard Bashman



“Supreme Court Achieves Historic Unanimity but Tougher Cases Loom; Justices unanimous in 15 of 18 opinions released so far; Abortion cases, Trump immunity, still to be decided”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 2:25 PM by Howard Bashman



Tuesday, May 7, 2024

“Appellate panel scrutinizes Idaho ‘abortion trafficking’ law as state seeks to revive it; The appellate panel asked what it means to ‘recruit’ someone to obtain an abortion”: Hillel Aron of Courthouse News Service has this report.

Brendan Pierson of Reuters reports that “Idaho seeks to revive ‘abortion trafficking’ law in US appeals court.”

And Avalon Zoppo of The National Law Journal reports that “9th Circuit Judges Probe Scope of Idaho’s ‘Abortion Travel Ban’; The state’s law, which went into effect last May, criminalizes ‘recruiting, harboring, or transporting’ a pregnant minor to access a legal abortion if the adult has the intent to conceal the abortion from a parent or guardian.”

The U.S. Court of Appeals for the Ninth Circuit has posted the video of today’s oral argument on YouTube at this link.

Posted at 8:30 PM by Howard Bashman



“Columbia Law voices confidence in grads in face of conservative judges’ boycott”: Nate Raymond and Karen Sloan of Reuters have this report.

Posted at 8:20 PM by Howard Bashman



“Anti-Choice Activists Are Threatening to Sue Women Over Legal Abortions Now; Jonathan Mitchell wrote Texas’s anti-choice bounty hunter law; Now, he’s pushing the most aggressive possible interpretation to try and make women afraid to exercise their rights”: Madiba K. Dennie has this essay online at Balls & Strikes.

Posted at 1:57 PM by Howard Bashman



“Justice Samuel Alito to address record-breaking 2024 class at Franciscan University”: Kate Quiñones of Catholic News Agency has this report.

Posted at 11:12 AM by Howard Bashman



“US Supreme Court Argument Order Gives Unlucky Lawyers Less Time; More questions asked by justices in first case of the day; Short break between cases would help, advocate says”: Lydia Wheeler of Bloomberg Law has this report.

As arguing counsel for respondent in the first “second case” argued this Term, I fortunately anticipated the concern mentioned in the article by Daniel Geyser, as noted here.

Posted at 11:09 AM by Howard Bashman



“Judge skewers Alabama attorney general, allows abortion travel lawsuit to proceed”: Howard Koplowitz of The Birmingham News has this report.

John Fritze of CNN reports that “Federal judge blasts threat by Alabama to prosecute groups aiding out-of-state abortions.”

And at his Substack site, Chris Geidner has a post titled “Federal judge rebukes Alabama AG’s threat to prosecute providing help for out-of-state abortions; ‘[T]he Constitution protects the right to cross state lines and engage in lawful conduct in other States, including receiving an abortion,’ Judge Myron Thompson ruled.”

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

Posted at 10:57 AM by Howard Bashman



“ProPublica Wins Pulitzer Prize for Supreme Court Coverage; The award marks ProPublica’s 7th Pulitzer; Uvalde shooting investigation is named a Pulitzer finalist”: ProPublica has this report.

Posted at 10:50 AM by Howard Bashman



Monday, May 6, 2024

“Barrow wages legal battle to campaign for court post on pledge to ‘protect’ abortion; Facing possible sanctions for pledging to ‘protect’ abortion rights, former U.S. Rep. John Barrow is challenging the state’s Judicial Code of Conduct as he seeks a seat on Georgia’s top court”: Greg Bluestein of The Atlanta Journal-Constitution has this report.

Posted at 9:52 PM by Howard Bashman



“The New York Times and The Washington Post Win 3 Pulitzers Each; The prize for public service went to ProPublica for coverage of the Supreme Court; The Pulitzer board also issued a special citation for journalists covering the Middle East”: Michael M. Grynbaum of The New York Times has this report.

Posted at 4:08 PM by Howard Bashman



“A death-row prisoner won a new trial. Now, the Louisiana Supreme Court may change its mind.” John Simerman of The Times-Picayune of New Orleans has this report.

Posted at 1:38 PM by Howard Bashman



“The Supreme Court: The most powerful, least busy people in Washington; The justices are quietly quitting their day jobs as judges, even as they become more and more political.” Ian Millhiser has this essay online at Vox.

Posted at 1:34 PM by Howard Bashman



“The Supreme Court’s Republican bias hangs over the Trump immunity case; The conservative justices must navigate a crisis moment of their own making”: Columnist E.J. Dionne Jr. has this essay online at The Washington Post.

Posted at 1:32 PM by Howard Bashman