How Appealing



Saturday, April 7, 2018

“Supreme Court Mentions of Our Coblogger Will Baude, and My Colleague Richard Re: Sometimes law professors do say something the Justices find useful.” Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 11:11 PM by Howard Bashman



“Supreme Court: No Lives Matter If a Cop Feels Threatened; The high court’s ruling this week basically says that if an old lady has a cane and a cop says he thought it was a gun, he can fire away.” Margaret Carlson has this essay online at the Daily Beast.

Posted at 11:09 PM by Howard Bashman



“Lawyers: Prosecutors withheld evidence of teen’s innocence.” Michael Kunzelman of The Associated Press has a report that begins, “A legal team has petitioned the U.S. Supreme Court to hear its claim that Louisiana prosecutors withheld evidence for a murder trial that ended in a guilty verdict against an intellectually disabled teenager accused of killing a pizza deliveryman.”

Posted at 10:54 PM by Howard Bashman



“Texas Supreme Court sharply splits on same-sex harassment case”: In today’s edition of The Austin American-Statesman, Chuck Lindell has a front page article that begins, “Locked in a bitter disagreement over how to judge claims of same-sex sexual harassment, a sharply divided Texas Supreme Court on Friday dismissed a lawsuit by a female San Antonio middle school coach who complained that another woman created a hostile work environment.”

Paul J. Weber of The Associated Press reports that “Texas court rejects sexual harassment case involving 2 women.”

And Shannon Najmabadi of The Texas Tribune reports that “A teacher says a coworker grabbed her ‘behind.’ The Texas Supreme Court tossed her lawsuit.”

Friday’s 6-to-2 ruling of the Supreme Court of Texas consists of a majority opinion and a dissenting opinion.

Posted at 10:46 PM by Howard Bashman



“Judge’s Death Gives Trump a Chance to Remake a Vexing Court”: In Sunday’s edition of The New York Times, Carl Hulse will have a new installment of his “On Washington” column that begins, “In the spring of 2014, a friend tried to nudge Judge Stephen Reinhardt, then an 83-year-old liberal stalwart on the United States Court of Appeals for the Ninth Circuit, into stepping aside from full-time duties so President Barack Obama could nominate a successor.”

Posted at 10:34 PM by Howard Bashman



Friday, April 6, 2018

“D.C. Circuit Review — Reviewed: Trivia Day.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 10:25 PM by Howard Bashman



“‘RBG’ the film and RBG the woman both compelling; A timely documentary about Supreme Court Justice Ruth Bader Ginsburg will open the Minneapolis St. Paul International Film Festival”: John Rash has this commentary online at The Minneapolis Star Tribune.

Posted at 10:12 PM by Howard Bashman



“Trump Organization’s Web Store Collects Sales Tax in Only Two States; Trump administration is pushing for online retailers to pay more in state and local sales taxes”: Ruth Simon of The Wall Street Journal has this report.

Posted at 9:56 PM by Howard Bashman



“Justice Breyer speaks about role of courts, ‘breathing’ constitution”: Sophie Lehrenbaum of The Tufts Daily has this report.

Posted at 1:52 PM by Howard Bashman



“Wisconsin Supreme Court leaves John Doe II case involving Scott Walker to lower court judge”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 1:38 PM by Howard Bashman



“The Supreme Court continues to grant an unhealthy immunity to police accused of wrongdoing”: The Los Angeles Times has published this editorial.

Posted at 1:35 PM by Howard Bashman



Thursday, April 5, 2018

“Why Mitch McConnell is bragging about holding up Merrick Garland from the Supreme Court, two years later”: Amber Phillips has this entry at “The Fix” blog of The Washington Post.

Posted at 9:45 PM by Howard Bashman



“Something has gone wrong with jury selection in Mississippi, and the Fifth Circuit is to blame; What good is a constitution if judges refuse to follow it?” Ian Millhiser has this essay online at ThinkProgress.

Posted at 9:40 PM by Howard Bashman



“Supreme Court Notebook: Diabetes, decisions and justice math.” Jessica Gresko and Mark Sherman of The Associated Press have this report.

Posted at 9:12 PM by Howard Bashman



Wednesday, April 4, 2018

Upcoming speaking appearances: On the evening of Wednesday, April 11, 2018, I will be in Washington, DC as a panelist at a Coke Appellate Inn of Court meeting focusing on appellate blogging and #AppellateTwitter. Kannon Shanmugan, Sean Marotta, and Jaime Santos will also be panelists. Did you know that the Coke Appellate Inn of Court appears to have once been the subject of a blog?

And on Thursday, May 3, 2018 in Wilmington, Delaware, I will be one of three panelists at the District of Delaware’s Bench & Bar Conference for a one-hour session tited “Legal Blog Roundtable.” David Lat and Anne Urda will also be panelists.

I realize that few this blog’s readers are likely going to be able to attend either of these events, and it has certainly been too long since I have had a speaking event in Washington, DC that was open to the general public. Although this probably goes without saying, the way that organizations get me to participate as a speaker or panelist at an event is simple — they ask.

Posted at 10:32 PM by Howard Bashman



“Gov. Scott appeals judge’s ruling on voting rights for felons; He had an April 26 deadline to come up with a new way to restore voting rights for felons”: Lawrence Mower of The Tampa Bay Times has this report.

Arian Campo-Flores of The Wall Street Journal reports that “Florida Officials Appeal Court Order on Felon Voting Rights; The state has nearly 1.7 million people who have lost their voting rights because of felony convictions.”

Gary Fineout of The Associated Press reports that “Florida challenges order to make voting rights changes.”

Jim Saunders of News Service of Florida reports that “Florida appeals U.S. judge’s ruling on restoring felons’ voting rights.”

And Sam Levine of HuffPost reports that “Florida Gov. Rick Scott To Fight Court Order To Have New System For Restoring Voting Rights; A federal judge ruled in January that Scott has until April 26 to announce a new state plan for restoring voting rights to former felons.”

Posted at 10:06 PM by Howard Bashman



“Class action objectors defend 9th Circuit’s infamous Hyundai ruling”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:58 PM by Howard Bashman



“Neil Gorsuch’s Legacy Is Already Devastating: His nomination fight paved the way for a flood of hyperpartisan lower court judges.” Yuvraj Joshi has this jurisprudence essay online at Slate.

Posted at 9:33 PM by Howard Bashman



“R.I. Supreme Court holds session at Lincoln High School, hears common-law marriage case”: Katie Mulvaney of The Providence (R.I.) Journal has this report.

Posted at 9:25 PM by Howard Bashman



“Lt. Gov. Spencer Cox and Supreme Court Justice Thomas Lee say they broke no ethics rules by using Utah Jazz owner’s front-row seats”: Lee Davidson of The Salt Lake Tribune has this report.

Posted at 9:23 PM by Howard Bashman



“On the Passing of a Noble Jurist: Judge Stephen Reinhardt, 1931–2018.” Online at City Journal, Heather Mac Donald has a post that begins, “I was the ‘clerk who had gone bad,’ U.S. Ninth Circuit Judge Stephen Reinhardt used to say to me (and probably say about me as well).”

Posted at 9:05 PM by Howard Bashman



“The Exile: In Memory of Judge Stephen Reinhardt.” Ben Wizner has this post at the ACLU’s “Speak Freely” blog.

Posted at 9:00 PM by Howard Bashman



“Delaying ruling on partisan gerrymanders? Pros and Cons.” Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 4:28 PM by Howard Bashman



“The Scalia Problem: It Wasn’t Originalism or Textualism — It Was Trumpism; A review of Richard L. Hasen’s The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.” Simon Lazarus has this book review online at The American Prospect.

Posted at 4:16 PM by Howard Bashman