How Appealing



Thursday, May 6, 2021

“The Complicated Case of the Pennsylvania Cheerleader; The Supreme Court considers thorny questions about free speech, bullying, and whether schools can discipline students for their behavior online”: Law professor Jeannie Suk Gersen has this essay online at The New Yorker.

Posted at 9:20 PM by Howard Bashman



“Roy Moore’s Lawyer, Seeking to Recuse Federal Judge, a No-Show at Hearing; Accusing a New York jurist of ‘bias’ and ‘pre-ordained favoritism’ in favor of comedian Sacha Baron Cohen, famed conservative attorney Larry Klayman did not show up on Thursday for a remote appearance before that judge”: Josh Russell of Courthouse News Service has this report.

Posted at 8:57 PM by Howard Bashman



“Convictions reversed for ex-U.S. Rep. Corrine Brown after judges find error removing juror”: Steve Patterson of The Florida Times-Union has this report.

Jim Saunders of News Service of Florida reports that “‘Holy Spirit’ at center of case as court overturns conviction of ex-congresswoman Corrine Brown.”

Brian Flood of Bloomberg Law reports that “‘Holy Spirit’ Comment From Juror Wins Former Lawmaker New Trial.”

And at his “SDFLA Blog,” David Oscar Markus has a post titled “Blockbuster en banc opinion in U.S. v. Corrine Brown.”

You can access today’s 7-to-4 en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 8:52 PM by Howard Bashman



“Transgender Utahns can list their gender identity on state records, ruling affirms; In a 4-1 vote, the court overturns district court rulings that barred two people from changing their sex on state records”: Sean P. Means and Paighten Harkins of The Salt Lake Tribune have this report.

Dennis Romboy of Deseret News has an article headlined “What court ruling on amending birth certificates means for transgender Utahns.”

And Ben Winslow of Salt Lake City’s Fox 13 reports that “Utah Supreme Court rules on transgender rights and birth certificates.”

You can access today’s ruling of the Supreme Court of Utah at this link.

Posted at 4:48 PM by Howard Bashman



“Will the Supreme Court Write Guantánamo’s Final Chapter? The justices may get a chance to redeem the court’s own failed promises.” Linda Greenhouse has this essay online at The New York Times.

Posted at 4:37 PM by Howard Bashman



“Dems To Justice Breyer: Retire From Supreme Court While We Control Senate.” You can access yesterday’s episode of “The NPR Politics Podcast,” featuring Juana Summers, Danielle Kurtzleben, and Nina Totenberg, via this link.

Posted at 12:56 PM by Howard Bashman



“The Democrats Are Doing Court Reform Backward; They’ve responded to Trump’s makeover of the courts with legislative nonstarters and shortsighted proposals; But the party first needs to sell the public on its vision for a liberal judiciary”: Simon Lazarus and Robert Litan have this essay online at The New Republic.

Posted at 11:57 AM by Howard Bashman



“Democrats wary of appearing to push Justice Breyer out despite their small window to replace him”: Ariane de Vogue, Manu Raju, and Phil Mattingly of CNN have this report.

Posted at 9:36 AM by Howard Bashman



Wednesday, May 5, 2021

“Sex, gender and discrimination dominate arguments at the Supreme Court in a case about women’s privacy at gyms”: Edmund H. Mahony of The Hartford Courant has an article that begins, “Something like a Socratic discussion of sex, gender and what they mean in contemporary society broke out at the state Supreme Court Wednesday as the justices heard arguments in a sex discrimination case that some advocates say could change the direction — or at least confuse — Connecticut’s path toward greater equality.”

And Nick Rummell of Courthouse News Service reports that “Women-Only Gym Sections Give Connecticut Justices Pause; The state Supreme Court wrangled Wednesday with whether creating a ‘separate-but-equal’ section for female gym-goers discriminates against trans women or men.”

You can access via this link the audio of today’s oral argument before the Supreme Court of Connecticut. And the documents filed in the appeal can be accessed here.

Posted at 9:20 PM by Howard Bashman



“Ocean City’s ban on bare-chested women at the beach is back in court”: Ann E. Marimow of The Washington Post has this report.

And Brad Kutner of Courthouse News Service reports that “Ocean City Defends Ban on Topless Women at Fourth Circuit; The chief appellate judge compared the beachfront city’s effort to protect moral sensibilities to America’s defunct ban on interracial marriage.”

I will link to the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit once the audio becomes available online.

Posted at 7:50 PM by Howard Bashman



“‘Gimme an F!’ Supreme Court Mulls the Case of the Cursing Cheerleader; The Roberts-era First Amendment is very protective of millionaires; does it also protect high-schoolers cursing at the Cocoa Hut?” Law professor Garrett Epps has this essay online at Washington Monthly.

Posted at 1:16 PM by Howard Bashman



“Georgia Supreme Court to resume in-person oral arguments”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “Beginning next month, attorneys arguing before the Georgia Supreme Court will no longer have to worry if their mute button is turned off or on (or if they look like a cat).”

You can access today’s news release from the Supreme Court of Georgia at this link.

Posted at 1:08 PM by Howard Bashman



“Supreme Court seems skeptical that law helps all convicted of crack cocaine offenses”: Robert Barnes has this article in today’s edition of The Washington Post.

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Supreme Court Considers Leniency Bid for Crack-Cocaine Offense; Justices examine relevance of First Step Act to an earlier conviction; Biden administration backs inmate, reversing Trump position.”

John Fritze of USA Today reports that “Supreme Court skeptical of applying Trump-era criminal justice law retroactively for small drug offenses.”

Alex Swoyer of The Washington Times reports that “Crack cocaine felon seeks resentencing at Supreme Court after First Step Act.”

Mark Sherman of The Associated Press reports that “Supreme Court skeptical of low-level crack offender’s case.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court skeptical of expanding crack cocaine reforms.”

Jordan S. Rubin of Bloomberg Law reports that “Biden Switch Unlikely to Save Crack Offenders at High Court.”

John Kruzel of The Hill reports that “Supreme Court weighs leniency for crack cocaine sentences.”

Jack Rodgers of Courthouse News Service reports that “High Court Considers Shorter Sentences for Crack Cocaine Charges; The case hinges on whether possession of a small amount of crack cocaine is covered by the First Step Act’s retroactive reduction of some prison sentences.”

And Brian Naylor of NPR reports that “Supreme Court Weighs Crack Cocaine Sentencing Disparity.”

You can access via this link the audio and transcript of yesterday’s U.S. Supreme Court oral argument in Terry v. United States, No. 20-5904.

Posted at 11:16 AM by Howard Bashman



“Constitutional Challenges Loom Over Proposed Voting Bill; The sprawling legislation, known as H.R. 1, could result in lawsuits leading to a dozen Supreme Court cases, legal experts said”: Adam Liptak of The New York Times has this report.

Posted at 10:56 AM by Howard Bashman



Tuesday, May 4, 2021

“Snap must face suit over speed filter’s role in deadly car crash — 9th Circuit”: Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Earlier, at his “Technology & Marketing Law Blog,” Eric Goldman had a post about the federal district court’s ruling — which today’s Ninth Circuit ruling reversed — titled “Snapchat’s Speed Filter Protected by Section 230 — Lemmon v. Snap.”

Update: In other coverage, Bob Egelko of The San Francisco Chronicle has an article headlined “After 3 kids died in car crash while using Snapchat, court says family members can sue company.”

Nathan Solis of Courthouse News Service reports that “Ninth Circuit Revives Negligent Design Suit Over Snapchat ‘Speed Filter’; Parents whose children were killed in a car crash while using Snapchat’s ‘Speed Filter’ say their children may have believed they could earn in-app achievements for doing over 100 miles per hour.”

And Bobby Allyn of NPR reports that “Snapchat Can Be Sued For Role In Fatal Car Crash, Court Rules.”

Posted at 8:12 PM by Howard Bashman



“Judge Kevin Brobson is the best choice in Pa. Supreme Court in Republican primary; With Judge Brobson, voters know what they are going to get: a conservative jurist who will rule with limited government and a limited judiciary in mind.” The Philadelphia Inquirer has published this editorial.

Posted at 7:14 PM by Howard Bashman



“Camping Outside the Supreme Court”: You can access the newest installment of the “Advisory Opinions” podcast from The Dispatch, featuring David French and Sarah Isgur, via this link.

Posted at 1:16 PM by Howard Bashman



“Trump’s Supreme Court threatens abortion rights for a lifetime to come; When Trump added three anti-abortion conservatives to the Supreme Court, he pretty much guaranteed a roll-back of women’s rights”: Laura Bassett has this essay online at MSNBC.

Posted at 1:06 PM by Howard Bashman



“Candace Jackson-Akiwumi — Nominee to the U.S. Court of Appeals for the Seventh Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 12:40 PM by Howard Bashman



“The New Trend Keeping Women Out of the Country’s Top Legal Ranks: The expectation that law students complete multiple clerkships before making it to the Supreme Court is just another hurdle for women and those that take on law school debt.” Sarah Isgur has this essay online at Politico Magazine.

Posted at 11:42 AM by Howard Bashman



“The U.S. Supreme Court: Surprises in the home stretch?” Marcia Coyle has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 11:05 AM by Howard Bashman



“US appeals court considers Idaho transgender athletes ban”: Keith Ridler of The Associated Press has this report.

Mark Walsh of Education Week reports that “Appeals Court Weighs Idaho Law Barring Transgender Female Students From Girls’ Sports.”

And Nicholas Rowan of the Washington Examiner reports that “California appeals court mulls tossing lawsuit supporting Idaho transgender sports bill.”

The U.S. Court of Appeals for the Ninth Circuit has posted on YouTube at this link the video of yesterday’s remote oral argument before a three-judge panel.

The concluding minutes of the appellee’s oral argument involved the nightmare scenario of an advocate whose audio transmission was — unbeknownst to the advocate — subpar, leaving the judges and viewers unable to decipher much of what was being said.

Posted at 9:03 AM by Howard Bashman



“U.S. Supreme Court weighs sentencing case focused on crack cocaine”: Lawrence Hurley of Reuters has this report.

Greg Stohr and Jordan Rubin of Bloomberg News have a report headlined “Crack Case, Biden Switch Bring Bipartisanship to Supreme Court.”

Todd Ruger of Roll Call reports that “Supreme Court considers scope of key provision in 2018 sentencing overhaul; Tuesday’s arguments are the last of this session.”

And at “SCOTUSblog,” Ekow Yankah has a post titled “In final case the court will hear this term, profound issues of race, incarceration and the war on drugs.”

C-SPAN will broadcast via this link the live audio of the final scheduled oral argument of the U.S. Supreme Court‘s October Term 2020 beginning at 10 a.m. eastern time.

Posted at 8:54 AM by Howard Bashman



Monday, May 3, 2021

“Debate Erupts at N.J. Law School After White Student Quotes Racial Slur; A Rutgers Law student repeated an epithet from a legal case, and now Black students at the New Jersey school are calling for a policy on slurs — and apologies”: Tracey Tully of The New York Times has this report.

Posted at 9:58 PM by Howard Bashman



“Subscribe to David Lat’s ‘Original Jurisdiction’ Substack; Relive the glory days of Above the Law excellence for only $50/year”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:51 PM by Howard Bashman