How Appealing

Wednesday, December 6, 2017

On remand from the U.S. Supreme Court, Second Circuit panel sides with Justices Sotomayor and Alito and certifies meaning of New York statute at issue in Expressions Hair Design for definitive resolution by the New York State Court of Appeals: You can access today's decision of the U.S. Court of Appeals for the Second Circuit at this link.

In agreeing to certify the issue to New York State's highest court, the Second Circuit today followed the suggestion contained in the Justice Sonia Sotomayor's opinion concurring in the judgment, in which Justice Samuel A. Alito, Jr. joined.
Posted at 11:06 PM by Howard Bashman

"Russian oligarch Deripaska drops libel suit against Associated Press": Josh Gerstein of has this blog post about a case that was pending in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 10:26 PM by Howard Bashman

"U.S. 9th Circuit judges skeptical of Trump's travel ban": Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that "Lawyers face off in federal court over Trump's latest travel ban."

Tom James and Dan Levine of Reuters report that "U.S. appeals court hears arguments on Trump travel ban."

Gene Johnson of The Associated Press reports that "Travel ban faces scrutiny from judges who blocked it before."

And Zoe Tillman of BuzzFeed News reports that "An Appeals Court Just Heard Arguments On Trump's Third Travel Ban."

You can view the oral argument on YouTube via this link.
Posted at 10:15 PM by Howard Bashman

In Bashman news from Australia: Josh Blackman may no longer be in Australia, but in his wake some Bashman news has arisen.

Taylah Strano of 97.3 Coast FM in Mandurah, Western Australia reports that "Fake Police bash man near Pinjarra."
Posted at 10:06 PM by Howard Bashman

"Trump administration asks Supreme Court to overrule precedent helping unions": Robert Barnes of The Washington Post has this report.

And Lawrence Hurley of Reuters reports that "Trump administration sides against unions in high court fees case."
Posted at 09:55 PM by Howard Bashman

"Kim Davis denied him a marriage license. Now he wants to take her job." Linda Blackford of The Herald-Leader of Lexington, Kentucky has this report.

And Suzannah Gonzales of Reuters reports that "Gay man to run against Kentucky clerk who denied him marriage license."
Posted at 09:50 PM by Howard Bashman

"Judging Roy Moore: A GOP victory in Alabama may be more costly than a defeat." This editorial appears in today's edition of The Wall Street Journal.
Posted at 09:42 PM by Howard Bashman

In the first oral argument after Masterpiece Cakeshop, the U.S. Supreme Court Justices are still discussing food: Today's oral argument in Murphy v. Smith, No. 16-1067, turned out to be quite interesting. You can access the oral argument transcript at this link. You can access the food-related questioning directly via this link.
Posted at 08:50 PM by Howard Bashman

"Same-day silence from the Supreme Court on the wedding-cake case": Columnist Michael McGough has this essay online at The Los Angeles Times.
Posted at 06:08 PM by Howard Bashman

"Securities class action defendants, law profs claim 2nd Circuit has run amok": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 04:58 PM by Howard Bashman

"Pace of confirmations gives McConnell chance to bask in wins": Kevin Freking of The Associated Press has a report that begins, "The pace of confirmations for President Donald Trump's judicial nominees has quickly become a source of pride for Senate Majority Leader Mitch McConnell and fellow Republicans while Democrats are ruing the day they changed the rules to make it easier to fast-track court picks."
Posted at 04:48 PM by Howard Bashman

"Kennedy and his new constitutional dilemma": Lyle Denniston has a blog post that begins, "Over the years, Justice Anthony M. Kennedy has become the Supreme Court's most energetic defender of gay rights, one of its true devotees to free speech, and a sympathetic defender of religious believers. Now, a lengthy hearing before the Justices on Tuesday showed, he has to find a way to reconcile all three."

And at "SCOTUSblog," Mark Walsh has a post titled "A 'view' from the courtroom: Setting the table for a major ruling."
Posted at 04:44 PM by Howard Bashman

"What Masterpiece Cakeshop is Really About": Douglas NeJaime and Reva Siegel have this post at the "Take Care" blog.

And online at Vox, law professor Andrew Koppelman has an essay titled "Masterpiece Cakeshop and how 'religious liberty' became so toxic: The right went too far with Masterpiece Cakeshop; But liberals need not fear reasonable religious exemptions."
Posted at 04:38 PM by Howard Bashman

"Surveying the Landscape as Technology Revolutionizes Media Coverage of Appellate Courts": You can access at this link a PDF of my essay published in the brand new print edition of The Journal of Appellate Practice and Process.

The publication's editor -- Nancy Bellhouse May -- is always such a pleasure to work with, and I thank her for the invaluable assistance she provided in helping me bring this essay to fruition.
Posted at 04:18 PM by Howard Bashman

Tuesday, December 5, 2017

"11th Circ. Won't Review 'Mutability' In Dreadlocks Bias Case": Braden Campbell of has this report (subscription required for full access) on an order denying rehearing en banc, accompanied by both a concurrence and a dissent, that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 09:58 PM by Howard Bashman

"A tricky mix: The Supreme Court is divided in a gay wedding cake case; The justices seem inclined to side with a baker who refused to make a wedding cake for two men." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 09:44 PM by Howard Bashman

"Three Problems With the SG's Klan Hypo in the Masterpiece Cakeshop Oral Argument": Michael Dorf has this blog post at "Dorf on Law."
Posted at 09:14 PM by Howard Bashman

"As Colorado baker case opens at U.S. Supreme Court, Justice Kennedy poses sharp questions for both sides; Oral arguments begin before high court in case stemming from 2012 dispute involving same-sex couple and Lakewood baker": Mark K. Matthews of The Denver Post has this report.
Posted at 08:52 PM by Howard Bashman

"Would Trump Consider a Court-Packing Scheme?" Jeff Shesol has this post online at The New Yorker.
Posted at 08:24 PM by Howard Bashman

"Justices Ginsburg and Kagan Ask About the Artistry of Wedding Cakes": Jeffrey Toobin has this post online at The New Yorker.
Posted at 08:20 PM by Howard Bashman

"Supreme Court Sharply Divided Over Same-Sex Wedding Cake Case": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:00 PM by Howard Bashman

"Masterpiece Theater: The Supreme Court isn't convinced that cake is speech -- but Justice Kennedy might rule in favor of an anti-gay baker anyway." Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 06:58 PM by Howard Bashman

"Merck to Supreme Court: The rules are different in pharma cases." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 06:54 PM by Howard Bashman

"Masterpiece Cakeshop Case Declared Mistrial After Clarence Thomas Tampers With Evidence": The Onion has this News in Photos item, along with an American Voices feature titled "Supreme Court Hears Argument On Anti-Gay Cake Shop."
Posted at 06:52 PM by Howard Bashman

"Anthony Kennedy legacy again at play in same-sex marriage case": Joan Biskupic of has this news analysis.
Posted at 06:05 PM by Howard Bashman

"The Supreme Court Wants To Know: What Happens If This Baker Can Refuse To Sell A Cake To A Gay Couple? Justice Anthony Kennedy was at the center of the debate -- and likely will be the key to the court's decision in the most closely watched case of the Supreme Court's term." Chris Geidner and Dominic Holden of BuzzFeed News have this report.
Posted at 03:20 PM by Howard Bashman

Access the transcript of today's U.S. Supreme Court oral argument in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, No. 16-111: At this link.
Posted at 01:50 PM by Howard Bashman

"Chris Christie's Big Gamble: The Supreme Court appears poised to let every state authorize sports betting." Mark Joseph Stern has this Supreme Court dispatch online at Slate.
Posted at 01:28 PM by Howard Bashman

"LGBTQ rights just had a horrible day in the Supreme Court; There are almost certainly five votes for the anti-gay cake baker Jack Phillips": Ian Millhiser has this essay online at ThinkProgress.
Posted at 01:24 PM by Howard Bashman

"Justices Sharply Divided in Wedding Cake Case": Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court appears skeptical of Colorado baker's refusal to make a wedding cake for gay couple."

And Alex Swoyer of The Washington Times reports that "Supreme Court hears same-sex wedding cake case: Free speech vs. civil rights."
Posted at 01:18 PM by Howard Bashman

"Supreme Court seems divided in case of baker who refused to create a wedding cake for a same-sex couple": Robert Barnes and Ann E. Marimow of The Washington Post have this report.

Richard Wolf of USA Today reports that "Supreme Court deeply divided over gay wedding cake."

Jess Bravin, Brent Kendall, and Louise Radnofsky of The Wall Street Journal report that "Supreme Court Hears Case of Baker Refusing to Make Cake for Gay Wedding; Justice Anthony Kennedy figures to be pivotal; Justice Department backs baker."

Mark Sherman of The Associated Press reports that "Kennedy wrestles with wedding cake case at Supreme Court."

And Greg Stohr of Bloomberg News reports that "Kennedy Sends Mixed Messages in Supreme Court Cake Case."
Posted at 01:11 PM by Howard Bashman

In today's mail: I received my copy of the Spring 2017 issue of The Journal of Appellate Practice and Process, containing my essay titled "Surveying the Landscape as Technology Revolutionizes Media Coverage of Appellate Courts."
Posted at 12:00 PM by Howard Bashman

"Live Coverage: Supreme Court Hears Same-Sex Wedding Cake Case." The Wall Street Journal is hosting this live blog reporting on the U.S. Supreme Court oral argument currently underway.
Posted at 10:54 AM by Howard Bashman

"Texas heads back to federal appeals court in long-winding voter ID fight; A federal appeals court will hear arguments Tuesday over the state's recent revisions to its 2011 voter ID law, which federal courts said discriminated against voters of color": Alexa Ura of The Texas Tribune has this report.
Posted at 10:44 AM by Howard Bashman

"Update on the Calabresi-Hirji paper on the Federal Judiciary": Gary Lawson has this guest post at the "Balkinization" blog.
Posted at 10:42 AM by Howard Bashman

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