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Monday, November 21, 2016
Programming note: On Tuesday, I will be attending an out-of-the-office meeting that could last all day in connection with an appeal on which I am working. As a result, new posts may not appear here until Tuesday evening. As always while I am away from my office, in the interim appellate-related retweets may appear on this blog's Twitter feed. "Goodyear asks SCOTUS to restrict federal judges' inherent sanctions power": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post today. Posted at 11:11 PM by Howard Bashman "Appeals court: 'King Kong' comment prejudiced all-white jury." Meg Kinnard of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today. Posted at 11:04 PM by Howard Bashman "U.S. court upholds AstraZeneca, Ranbaxy win in Nexium antitrust trial": Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today. Posted at 10:34 PM by Howard Bashman "UK's top judge unveils plan to make supreme court more diverse; Lord Neuberger, who retires in 2017, says flexible working will be offered for new appointees to white male-dominated bench": Owen Bowcott of The Guardian (UK) has this report. And Kate McCann of The Telegraph (UK) reports that "President of the Supreme Court announces he will resign after controversial Article 50 hearing." "Former Roberts Court Clerks' Success Litigating Before the Supreme Court": Adam Feldman has posted this paper online at SSRN. Posted at 08:32 PM by Howard Bashman "Supreme Court won't investigate leaks": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "The Wisconsin Supreme Court declined Monday to appoint a special master to investigate leaks from a long-running John Doe probe to a newspaper, leaving it to Attorney General Brad Schimel to look into it on his own." Posted at 08:30 PM by Howard Bashman "Will John Roberts Save the Supreme Court From Donald Trump? Maybe not -- but he might." Lara Bazelon has this jurisprudence essay online today at Slate. Posted at 08:06 PM by Howard Bashman "Reasons to Suspect Trump Will Nominate a Federal Court of Appeals Judge to SCOTUS": Adam Feldman has this post today at his "Empirical SCOTUS" blog. Posted at 11:02 AM by Howard Bashman "The D.C. Circuit, the Trump Administration, and Chevron Step One-and-a-Half": Daniel Hemel and Aaron Nielson have this post at the "Notice & Comment" blog of the Yale Journal on Regulation. Also at that blog, Nielson has another post titled "D.C. Circuit Review -- Reviewed: Dear Congress . . ." "The Total Trumpism of Jeff Sessions, Attorney General Nominee": Amy Davidson has this post online at The New Yorker. Posted at 10:15 AM by Howard Bashman "If Animals Have Rights, Should Robots? We can think of ourselves as an animal's peer -- or its protector. What will robots decide about us?" Nathan Heller has this A Critic at Large essay in the November 28, 2016 issue of The New Yorker. Posted at 10:10 AM by Howard Bashman "Post-Election, Liberals Invoke States' Rights; In response to Trump's hostility toward immigrants, political leaders in New York and California vow to protect their most vulnerable": Jelani Cobb has this Comment in the Talk of the Town section of the November 28, 2016 issue of The New Yorker. Posted at 10:04 AM by Howard Bashman "Conservative Lawyers Take Up The Unexpected Opportunity Of Trump's Win; At the Federalist Society convention, a look back at Justice Antonin Scalia's life became a look ahead at unified Republican governance -- and a revived conservative trajectory for the Supreme Court": Chris Geidner of BuzzFeed News has this report. Posted at 08:03 AM by Howard Bashman "The Administrative Law Originalism of Neil Gorsuch": David Feder has this post today at the "Notice & Comment" blog of the Yale Journal on Regulation. Posted at 07:56 AM by Howard Bashman "UNC's affirmative action lawsuit moves forward with Supreme Court ruling": Felicia Bailey of The Daily Tar Heel has an article that begins, "UNC has been fighting a lawsuit against its affirmative action practices for two years, but a precedent-setting Supreme Court ruling from June indicates that the University's prospects are good." Posted at 07:53 AM by Howard Bashman Sunday, November 20, 2016
"McCain to Trump: Waterboarding won't be reinstated." The Associated Press has this report. Posted at 10:12 PM by Howard Bashman "US Supreme Court could hear Impression Products, Lexmark case" Max Garland of The Charleston (W. Va) Gazette-Mail has an article that begins, "A small Charleston company that refills and resells empty toner cartridges could soon be defending itself before the Supreme Court of the United States." Posted at 10:04 PM by Howard Bashman "Trump's Supreme Court Priority: An early nomination is important to deal with Obama's regulations." The Wall Street Journal has posted this editorial online. Online at National Review, John Fund has an essay titled "Trump Would Relish a Supreme Court Fight." And at National Review's "The Corner" blog, John G. Malcolm has a post titled "The Trump List of Possible Justices Is Great, but Two Names Are Missing." "Supreme Court wannabes audition in Scalia's shadow": Richard Wolf of USA Today has this report. Posted at 11:14 AM by Howard Bashman Saturday, November 19, 2016
"SCOTUS dismissal of ATM fees case: Visa, MasterCard swung for a home run, called out on strikes." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post. Posted at 09:58 PM by Howard Bashman "Obama-Era Court Fights Become Mission Impossible After Trump Win": Erik Larson and Andrew M Harris of Bloomberg News have this report. Posted at 09:18 PM by Howard Bashman "Texas was Obama's chief antagonist; In Trump's America, California is eager for the part": Jazmine Ulloa and Melanie Mason of The Los Angeles Times have this report. Posted at 08:30 PM by Howard Bashman "Can Libel Laws Be Changed Under Trump?" Sydney Ember had this article in Monday's edition of The New York Times. Posted at 08:10 PM by Howard Bashman "Overturning Roe v Wade is a fantasy; Abortion rights are here to stay": Bruce Fein has this essay online at The Washington Times. Posted at 01:50 PM by Howard Bashman "CFPB Appeals Ruling That Declared Its Structure Unconstitutional; The Consumer Financial Protection Bureau asks court to review October decision that gained significance with Republican election victories": Yuka Hayashi of The Wall Street Journal has this report. You can view the CFPB's D.C. Circuit petition for rehearing en banc at this link. "Court throws out major cases on ATM fees": Lyle Denniston has a blog post that begins, "In a ruling likely to be a deep embarrassment for experienced lawyers, the Supreme Court on Thursday refused to decide a major dispute it had agreed to hear because the attorneys for the companies involved had switched their argument as the case moved toward a hearing." Posted at 01:36 PM by Howard Bashman "Jeff Sessions as Attorney General: An Insult to Justice." This editorial appears in today's edition of The New York Times. Posted at 01:32 PM by Howard Bashman "Why Korematsu Is Not a Precedent": Law professor Noah Feldman has this essay online at The New York Times. Posted at 01:28 PM by Howard Bashman Friday, November 18, 2016
"Alabama Supreme Court: Prosecutor didn't discriminate in jury picks in death penalty case." Kent Faulk of The Birmingham News has an article that begins, "The Alabama Supreme Court today for a second time has upheld the conviction and sentence of a death row inmate who says prosecutors struck 10 of 11 blacks from the jury pool at his trial." You can access today's ruling of the Supreme Court of Alabama at this link. "Trump's appointment of son-in-law could rest on Clinton precedent; In the early '90s, an appeals court suggested that anti-nepotism laws didn't bar Hillary from the White House health task force": Josh Gerstein of Politico.com has this report. In addition, Gerstein has a blog post titled "Citing Trump win, feds move to put immigration suit on ice." "Do Democrats regret the 'nuclear option' now that Trump will be president?" Ted Barrett of CNN.com has this report. Posted at 10:38 PM by Howard Bashman "GOP could nuke filibuster for Supreme Court nominees; Republicans warn that Democratic obstruction of Trump's pick will come at a steep -- possibly historic -- price": Burgess Everett of Politico.com has this report. Posted at 08:58 PM by Howard Bashman "Conservatives let themselves dream big about Scalia's replacement": Ariane de Vogue of CNN.com has this report. Posted at 03:36 PM by Howard Bashman "How Trump Could Reshape the Lower Federal Courts": Russell Wheeler has this post today at the "FixGov" blog of The Brookings Institution. Posted at 01:48 PM by Howard Bashman |
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