How Appealing



Monday, May 3, 2021

“Full appeals panel hears Loughry’s request for a closer look at juror’s social media”: Brad McElhinny of West Virginia’s MetroNews has this report.

And Brad Kutner of Courthouse News Service reports that “Full Fourth Circuit Hears Former WVa Justice’s Appeal Over Juror Twitter Use; A former West Virginia chief justice says a juror in his 2018 fraud trial defied an order to stay off social media and followed reporters who tweeted about the case.”

You can access via this link the audio of today’s en banc rehearing before the full U.S. Court of Appeals for the Fourth Circuit.

Posted at 8:30 PM by Howard Bashman



“Judges hear arguments over contentious Census privacy tool”: Kim Chandler and Mike Schneider of The Associated Press have this report.

And Daniel Jackson of Courthouse News Service reports that “Federal Judges Question Alabama’s Standing in Census Suit; As Alabama challenges the method the federal government is using to keep responses to the 2020 census confidential, one judge hearing the case noted the state constitution allows it to conduct its own count.”

Posted at 8:11 PM by Howard Bashman



“Supreme Court declines to revisit precedent that restricts lawsuits from service members”: Robert Barnes of The Washington Post has this report.

Alex Swoyer of The Washington Times reports that “Supreme Court rejects West Point cadet’s case after rape allegations on campus.”

Pete Williams of NBC News reports that “Justice Clarence Thomas says ex-West Point cadet should be able to sue over alleged rape; The former cadet ‘could have brought these same claims had she been a civilian contractor employed by West Point instead of a student,’ Thomas noted.”

Tyler Olson of Fox News reports that “Thomas dissents in military rape case, says Supreme Court should allow military members to sue government; Thomas slammed ’70-year-old precedent that is demonstrably wrong’ barring woman from suing after rape.”

Jessica Gresko of The Associated Press reports that “Over Thomas dissent, high court rejects West Point case.”

Harper Neidig of The Hill reports that “Supreme Court declines to hear case over former West Point cadet’s rape allegations.”

And Jack Rodgers of Courthouse News Service reports that “Thomas Pans West Point Immunity on Rape Claim.”

Posted at 8:04 PM by Howard Bashman



“Biden’s Supreme Court commission gives liberals chance to curtail lifetime appointments”: Alex Swoyer of The Washington Times has this report.

Posted at 7:44 PM by Howard Bashman



“On the Supreme Court docket: Fairness, textualism, and crack cocaine.” Henry Gass of The Christian Science Monitor has this report.

Posted at 3:45 PM by Howard Bashman



“Rockefeller Center event breaks down impact of recent Supreme Court developments; NPR correspondent Nina Totenberg discussed a range of topics, from former President Trump’s Supreme Court nominees to landmark cases related to affirmative action and COVID-19”: Soleil Gaylord of The Dartmouth has this report.

Posted at 3:42 PM by Howard Bashman



“Judicial Notice (05.01.21): Lawyers Wade Into The Culture Wars; A prosecutor makes the case against ‘wokeness,’ SCOTUS tackles the hot-button issues of immigration and free speech, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site, to which you can now purchase a subscription.

Posted at 2:45 PM by Howard Bashman



“Idaho’s Transgender Sports Ban Faces A Major Legal Hurdle”: Melissa Block had this audio segment on today’s broadcast of NPR’s “Morning Edition” about a case scheduled for oral argument this afternoon before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

The three-judge panel assigned to hear and decide the appeal consists of Circuit Judges Kim McLane Wardlaw and Ronald M. Gould and Senior Circuit Judge Andrew J. Kleinfeld. The oral argument session is scheduled to begin at 1 p.m. pacific time, 4 p.m. eastern time, and can be viewed online on YouTube via this link.

Posted at 8:50 AM by Howard Bashman



“Justice Clarence Thomas, Long Silent, Has Turned Talkative; The Supreme Court’s orderly telephone arguments, prompted by the pandemic, have given the public a revealing look at its longest-serving member”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:24 AM by Howard Bashman



Sunday, May 2, 2021

“Litigation Without End: Chevron Battles On in 28-year-old Ecuador Lawsuit; Facing a huge damage award U.S. courts deem fraudulent, oil company is trying to get the pollution verdict voided in the country it came from.” Sara Randazzo will have this article in Monday’s edition of The Wall Street Journal.

Posted at 8:16 PM by Howard Bashman



“‘He opened opportunity.’ First Black Florida Supreme Court Judge Joseph Hatchett dies at 88.” The Miami Herald has published this obituary written by Howard Cohen.

Bill Cotterell of The Tallahassee Democrat has written an obituary headlined “‘We lost a giant’: First Black judge on Florida Supreme Court dies in Tallahassee.”

Joseph W. Hatchett joined the Supreme Court of Florida in 1975. In 1979, President Jimmy Carter appointed Hatchett to serve on the U.S. Court of Appeals for the Fifth Circuit. In 1981, Hatchett became one of the original judges serving on the U.S. Court of Appeals for the Eleventh Circuit, where be was Chief Judge from 1996 until his retirement from the court in 1999.

Posted at 7:22 PM by Howard Bashman



“Neil Gorsuch has become the most influential member of the Supreme Court; The justice from Colorado delivers another ruling sure to disappoint former President Trump and Republicans who confirmed him”: Mario Nicolais has this essay online at The Colorado Sun.

Posted at 7:06 PM by Howard Bashman



“Supreme Court’s Ethics Problems Are Bigger Than Coney Barrett; As conflicts of interest accumulate, the justices need to embrace more stringent standards of conduct”: Timothy L. O’Brien has this essay online at Bloomberg Opinion.

Posted at 3:34 PM by Howard Bashman



Saturday, May 1, 2021

“A Supreme Court Eminent Domain Case Both Sides Deserve to Lose; PennEast v. New Jersey features a clash between the power of eminent domain and state sovereign immunity”: Ilya Somin has this post at “The Volokh Conspiracy.”

Posted at 1:11 PM by Howard Bashman



“Republicans say court packing is ‘unconstitutional.’ They’re wrong. The argument that court expansion is unconstitutional is weak, transparently political — and most importantly, wrong.” Law professor Steve Vladeck has this essay online at MSNBC.

Posted at 1:02 PM by Howard Bashman



Friday, April 30, 2021

“Biden’s court pick Ketanji Brown Jackson has navigated a path few Black women have”: Ann E. Marimow of The Washington Post has this report.

Posted at 10:20 PM by Howard Bashman



“Pa. Supreme Court will pick chair of powerful state redistricting panel”: Marie Albiges of Spotlight PA has an article that begins, “The Pennsylvania Supreme Court will pick the chair of a powerful redistricting panel after the General Assembly’s top leaders deadlocked on who should cast the likely tie-breaking vote on new legislative maps.”

You can view today’s letter from the leaders of Pennsylvania’s General Assembly to the Chief Justice of the Supreme Court of Pennsylvania at this link.

Posted at 10:15 PM by Howard Bashman



“Progressives for Contempt of Court; AOC and friends try to turn disbarred Steven Donziger into a martyr”: The Wall Street Journal has published this editorial.

Posted at 8:46 PM by Howard Bashman



“Prince Photog Asked How Supreme Court Ruling Impacts Warhol Case”: Kyle Jahner of Bloomberg Law has a report (subscription required for full access) that begins, “The Second Circuit asked a photographer how the Supreme Court’s Google v. Oracle ruling impacts her copyright infringement win over the Andy Warhol Foundation.”

Posted at 8:02 PM by Howard Bashman



Amicus briefs filed in support of Second Circuit petition for rehearing en banc of The Andy Warhol Foundation for the Visual Arts: Law professor Rebecca Tushnet has filed this amicus brief on behalf of herself and 59 other intellectual property scholars.

And Jaime A. Santos and Andrew Kim have filed this amicus brief on behalf of the Robert Rauschenberg Foundation, the Roy Lichtenstein Foundation, the Whitney Museum of American Art, the Museum of Modern Art, and The Solomon R. Guggenheim Foundation.

Update: Later Friday evening, law professor Amy Adler filed this amicus brief in support of rehearing en banc.

Posted at 5:53 PM by Howard Bashman



“Two more Oklahoma death row inmates have convictions overturned”: Chris Casteel of The Oklahoman has an article that begins, “An Oklahoma death row inmate who was just weeks away from execution in 2015 for killing his infant daughter had his conviction reversed Thursday because the child was a Cherokee and the crime occurred on the tribe’s reservation.”

Yesterday’s rulings of the Oklahoma Court of Criminal Appeals — that state’s highest court in criminal cases — are not yet available for access via that court’s website.

Posted at 4:18 PM by Howard Bashman



“Citi Asks Appeals Court to Reverse Ruling on Errant $500 Million Transfer”: Chris Dolmetsch and Jennifer Surane of Bloomberg News have this report.

I have uploaded Citibank’s opening brief for appellant at this link.

Posted at 2:02 PM by Howard Bashman



“Exploring the Meaning of and Problems With the Supreme Court’s (Apparent) Adoption of a ‘Most Favored Nation’ Approach to Protecting Religious Liberty Under the Free Exercise Clause: Part One in a Series.” Law professors Vikram David Amar and Alan E. Brownstein have this essay online at Justia’s Verdict.

Posted at 1:26 PM by Howard Bashman



“Petty Sticklerism That Fortuitously Benefits An Undocumented Immigrant is Still Petty Sticklerism”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 1:11 PM by Howard Bashman



“Making More Sense of the Limited Cert Grant in NYS Rifle & Pistol Association v. Corlett; Perhaps the Court can consolidate the New York Case with Young v. Hawaii”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 12:50 PM by Howard Bashman



Thursday, April 29, 2021

“Initial thoughts on the constitutional right to concealed carry in NY Rifle and Pistol Association v. Corlett, and a possible trip to Hawaii”: William Baude has this post at the “Summary, Judgment” blog.

Posted at 9:44 PM by Howard Bashman



“Samuel Alito’s Culture-War Warning; The Justices punt on California’s sanctions against Texas”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 9:12 PM by Howard Bashman