#appellate-decision

[ follow ]
#supreme-court
Law
fromAbove the Law
19 hours ago

How Appealing Weekly Roundup - Above the Law

Penn & Teller challenge the use of 'investigative hypnosis' in a Texas death-penalty case before the Supreme Court.
Social justice
fromSlate Magazine
2 days ago

The Supreme Court Has a Chance to Revolutionize Its Approach to the Law

Supreme Court rulings on Reconstruction Amendments will significantly impact voting rights and protections for marginalized groups, particularly Black Americans and transgender individuals.
US Elections
fromAbove the Law
1 week ago

Trump's Awful No Good Day At The Supreme Court - Above the Law

The Supreme Court heard arguments on Trump's attempt to eliminate birthright citizenship, which did not favor the administration.
US politics
fromAbove the Law
2 weeks ago

How Appealing Weekly Roundup - Above the Law

Trump's influence on the Supreme Court is diminishing, with several legal challenges and decisions impacting his administration.
US Elections
fromwww.mediaite.com
2 weeks ago

Trump-Appointed SCOTUS Justice Dunks on Solicitor General's Argument: Not Seeing' the Constitutional Relevance'

Kavanaugh questioned the relevance of comparing U.S. birthright citizenship to other countries during Supreme Court arguments.
Law
fromAbove the Law
1 week ago

How Appealing Weekly Roundup - Above the Law

Supreme Court's actions and decisions are increasingly scrutinized, revealing issues of transparency and significant impacts on civil rights and electoral processes.
Law
fromAbove the Law
19 hours ago

How Appealing Weekly Roundup - Above the Law

Penn & Teller challenge the use of 'investigative hypnosis' in a Texas death-penalty case before the Supreme Court.
Social justice
fromSlate Magazine
2 days ago

The Supreme Court Has a Chance to Revolutionize Its Approach to the Law

Supreme Court rulings on Reconstruction Amendments will significantly impact voting rights and protections for marginalized groups, particularly Black Americans and transgender individuals.
US Elections
fromAbove the Law
1 week ago

Trump's Awful No Good Day At The Supreme Court - Above the Law

The Supreme Court heard arguments on Trump's attempt to eliminate birthright citizenship, which did not favor the administration.
US politics
fromAbove the Law
2 weeks ago

How Appealing Weekly Roundup - Above the Law

Trump's influence on the Supreme Court is diminishing, with several legal challenges and decisions impacting his administration.
US Elections
fromwww.mediaite.com
2 weeks ago

Trump-Appointed SCOTUS Justice Dunks on Solicitor General's Argument: Not Seeing' the Constitutional Relevance'

Kavanaugh questioned the relevance of comparing U.S. birthright citizenship to other countries during Supreme Court arguments.
Law
fromAbove the Law
1 week ago

How Appealing Weekly Roundup - Above the Law

Supreme Court's actions and decisions are increasingly scrutinized, revealing issues of transparency and significant impacts on civil rights and electoral processes.
Right-wing politics
fromEsquire
1 day ago

Clarence Thomas Wouldn't Know What Progressivism Was If It Smacked Him on the Head

Justice Clarence Thomas criticizes progressivism for undermining natural rights and blames Woodrow Wilson for its adoption in American governance.
#trump
US Elections
fromSlate Magazine
2 days ago

Trump Just Automated Draft Entry. It's Time for the Supreme Court to Step In.

Trump's military actions raise serious concerns about the potential for a draft and the constitutional implications surrounding it.
Left-wing politics
fromwww.theguardian.com
3 days ago

The supreme court needs to put limits on Trump's use of the pardoning power | Steven Greenhouse

Trump's pardons undermine democracy and ethics, deviating from Hamilton's vision of cautious presidential pardoning.
US Elections
fromSlate Magazine
2 days ago

Trump Just Automated Draft Entry. It's Time for the Supreme Court to Step In.

Trump's military actions raise serious concerns about the potential for a draft and the constitutional implications surrounding it.
Left-wing politics
fromwww.theguardian.com
3 days ago

The supreme court needs to put limits on Trump's use of the pardoning power | Steven Greenhouse

Trump's pardons undermine democracy and ethics, deviating from Hamilton's vision of cautious presidential pardoning.
#patent-law
fromPatently-O
1 month ago
Intellectual property law

Patently Unreasonable: Hyatt's Return to the Supreme Court and the Fight Over Prosecution Laches

fromPatently-O
1 month ago
Intellectual property law

The Law/Fact Lever: How the Federal Circuit Can Control Obviousness Outcomes

Intellectual property law
fromPatently-O
3 days ago

Mind the Gap: The Middle Layer of Obviousness Doctrine

The obviousness determination in patent law lacks a structured method for concluding whether an invention is obvious after evaluating the required factors.
fromPatently-O
1 month ago
Intellectual property law

Patently Unreasonable: Hyatt's Return to the Supreme Court and the Fight Over Prosecution Laches

Intellectual property law
fromPatently-O
1 month ago

The Law/Fact Lever: How the Federal Circuit Can Control Obviousness Outcomes

Obviousness in patent law combines factual and legal elements, allowing appellate courts to bypass deferential review by recharacterizing factual findings as legal errors.
Washington DC
fromwww.aljazeera.com
3 days ago

US appeals court blocks contempt case over Trump deportation flights

The Trump administration's deportation of Venezuelan immigrants faced legal challenges but was upheld by an appeals court ruling.
Law
fromwww.theguardian.com
2 days ago

Australian federal court warns lawyers over unacceptable' use of AI

The federal court of Australia warns against using generative AI in legal proceedings due to risks of inaccuracies and potential legal consequences.
Intellectual property law
fromAbove the Law
3 days ago

Turning Defense Into Offense - Above the Law

Jack Hughes' game-winning goal exemplifies a successful transition from defense to offense, paralleling patent litigators' proactive strategies against infringement allegations.
US politics
fromAbove the Law
1 week ago

Trump Crashes Out At Supreme Court - See Generally - Above the Law

Donald Trump's legal challenges and actions have sparked controversy and criticism, particularly regarding birthright citizenship and his administration's decisions.
US news
fromwww.npr.org
1 week ago

Judge halts Trump effort requiring colleges to show they don't consider race in admissions

A federal judge halted the Trump administration's data collection on race in college admissions, citing rushed implementation and potential privacy risks.
Law
fromAbove the Law
4 days ago

In America, Even Judges Have To Take Matters In To Their Own Hands - Above the Law

Judges are increasingly carrying guns for self-protection due to rising threats and inadequate security measures.
Law
fromAbove the Law
4 days ago

Legal Ethics Roundup: Billing 34.5 Hours In A Day, New ABA Recusal Opinion, Shortcomings In SCOTUS Ethics Rules, Pro Se AI Sanctions, Extra Time For Bar Exam, Purging Immigration Judges & More - Above the Law

Lawyers must disclose information that could lead to a judge's disqualification, balancing this with client confidentiality obligations.
Law
fromAbove the Law
5 days ago

Morning Docket: 04.13.26 - Above the Law

White House ballroom construction has resumed, while various legal and corporate developments unfold across the country.
Philosophy
fromAbove the Law
1 month ago

You Can't Salvage A Bad Judge By Calling Them Postmodern - Above the Law

Postmodern analysis offers useful concepts for understanding contemporary disenchantment with traditional meaning systems, exemplified by judicial figures like Lawrence VanDyke who adopt unconventional approaches to legal writing.
Law
fromAbove the Law
1 week ago

Morning Docket: 04.10.26 - Above the Law

A Texas judge ordered a lawyer to court for criticizing the judge's behavior, prompting a response from fellow lawyers.
#judicial-independence
US politics
fromAbove the Law
1 month ago

Morning Docket: 03.18.26 - Above the Law

Chief Justice Roberts calls for ending personal attacks on judges, while questions arise about presidential official acts; meanwhile, legal developments span judicial conduct, cryptocurrency regulation, Section 230 reform, and national security concerns.
Law
fromAbove the Law
1 month ago

Pauline Newman Petitions Supreme Court To Hear Her Case - Above the Law

Judge Newman's case at the Federal Circuit raises critical questions about judicial independence and the interpretation of Article III's good behavior clause, potentially reaching the Supreme Court.
Law
fromABA Journal
1 month ago

Nearly 200 former judges denounce claim that courts are ignoring Supreme Court orders

Over 175 former federal and state judges denounce Trump administration claims that district courts are ignoring Supreme Court orders, calling such attacks an extraordinary assault on the judiciary.
Law
fromAbove the Law
1 month ago

Federal Judges Threatened For Doing Their Jobs Speak Up - Above the Law

Federal judges face escalating violent threats and harassment for making constitutional rulings, including swatting attacks and assassination attempts, undermining judicial independence.
Law
fromAbove the Law
2 weeks ago

Morning Docket: 04.02.26 - Above the Law

DOJ has prioritized deporting law-abiding individuals over prosecuting serious criminal cases.
US politics
fromSlate Magazine
1 month ago

The Supreme Court Just Heeded One of Ketanji Brown Jackson's Sharpest Dissents

The Supreme Court unanimously refused to immediately revoke Temporary Protected Status for over 350,000 immigrants from Haiti and Syria, instead allowing full judicial review while maintaining their legal protections.
Law
fromAbove the Law
2 weeks ago

Morning Docket: 03.30.26 - Above the Law

AI associates should not be blamed for failures, raising questions about their necessity.
#justice-department
Law
fromAbove the Law
3 weeks ago

Morning Docket: 03.25.26 - Above the Law

The Justice Department may have leaked grand jury testimony, raising concerns about legal violations.
Law
fromAbove the Law
3 weeks ago

Morning Docket: 03.25.26 - Above the Law

The Justice Department may have leaked grand jury testimony, raising concerns about legal violations.
Higher education
fromAbove the Law
1 month ago

When It Comes To Judges, Trump Is An ASS Man - Above the Law

George Mason University's Antonin Scalia Law School leads in Trump judicial appointments, with five confirmed or nominated judges outnumbering Harvard and Yale combined.
Law
fromAbove the Law
3 weeks ago

AI Didn't Replace Legal Judgment. It Exposed How Little We Teach It. - Above the Law

AI is not replacing legal judgment; it reveals gaps in how judgment is taught in legal education.
fromBusiness Insider
1 month ago

12 perks of being a Supreme Court justice

After all, you get lifetime job security, great pay and benefits, thousands of dollars in gifts, entry into an elite club of fellow justices - oh, and the ability to shape the country as we know it.
US politics
#appellate-litigation
Law
fromAbove the Law
4 weeks ago

How Appealing Weekly Roundup - Above the Law

Federal judge blocks Arkansas' Ten Commandments law; Chief Justice Roberts warns against personal attacks on judges.
Law
fromAbove the Law
4 weeks ago

How Appealing Weekly Roundup - Above the Law

Federal judge blocks Arkansas' Ten Commandments law; Chief Justice Roberts warns against personal attacks on judges.
UK news
fromwww.theguardian.com
2 months ago

UK supreme court hearing interrupted by history podcast played from judge's phone

A judge accidentally played a podcast impersonation in the UK Supreme Court, causing laughter before the phone was silenced and proceedings resumed.
Intellectual property law
fromAbove the Law
1 month ago

The Heppner And Warner Rulings: Hobgoblin Consistency Or An Application Of Principle? - Above the Law

Warner v. Gilbarco and U.S. v. Heppner reach different conclusions on AI tool discoverability because Warner involved irrelevant materials and pro se representation, not because of conflicting privilege waiver standards.
US politics
fromAbove the Law
1 month ago

How Appealing Weekly Roundup - Above the Law

Multiple legal and policy challenges confront the Trump administration, including state lawsuits against tariffs, Supreme Court criticism over Second Amendment rulings, and erosion of congressional war powers.
US news
fromwww.npr.org
1 month ago

Supreme Court appears split in tax foreclosure case

The Supreme Court examines whether counties must pay homeowners fair market value when seizing homes for unpaid property taxes, or only auction proceeds minus taxes owed.
Law
fromAbove the Law
1 month ago

The Rule Of Law Joins America's Dead Pets On The Rainbow Bridge - Above the Law

Trump attorney John Lauro claimed the DOJ improved under Attorney General Pam Bondi, contradicting legal observers who view current conditions as a constitutional crisis threatening prosecutorial independence.
US politics
fromSlate Magazine
1 month ago

Does John Roberts Deserve More Credit Than We've Been Giving Him?

Supreme Court decisions merit serious consideration rather than dismissal, as judicial independence and lifetime tenure can produce consequential legal outcomes that shape policy and rights.
#judicial-conduct
Law
fromAbove the Law
1 month ago

'We Are Better Than This,' Say Ninth Circuit Judges Despite All Evidence To The Contrary - Above the Law

Judge Lawrence VanDyke of the Ninth Circuit has authored inflammatory and unprofessional dissents using crude language and personal attacks against colleagues, contradicting the ABA's initial assessment of his qualifications.
Law
fromAbove the Law
1 month ago

'We Are Better Than This,' Say Ninth Circuit Judges Despite All Evidence To The Contrary - Above the Law

Judge Lawrence VanDyke of the Ninth Circuit has authored inflammatory and unprofessional dissents using crude language and personal attacks against colleagues, contradicting the ABA's initial assessment of his qualifications.
fromAbove the Law
1 month ago

How Appealing Weekly Roundup - Above the Law

The head of the General Services Administration said a proposal to transfer control of courthouse buildings to the judiciary was a bad idea, highlighting ongoing disputes between the executive and judicial branches over federal courthouse governance and administrative authority.
Law
Law
frompatentlyo.com
1 month ago

Judge Newman Asks the Supreme Court to Intervene: Framing Judicial Independence as a Constitutional Imperative

Judge Pauline Newman, barred from judicial duties since 2023 without impeachment or disability finding, petitioned the Supreme Court to challenge the Judicial Conduct and Disability Act's bar on reviewing judicial council orders.
fromwww.npr.org
2 months ago

AI brings Supreme Court decisions to life

Artificial intelligence, meet the U.S. Supreme Court. It's an institution steeped in tradition and resistant to any quick changes in the way it does things. But like it or not, the justices are about to see artificially created versions of themselves, essentially avatars, speaking words that they actually did speak in court but that were not heard contemporaneously by anyone except the people in the courtroom.
US politics
Law
fromAbove the Law
1 month ago

Leave 'Swinging Dicks' Out Of Dissents - See Also - Above the Law

Judicial dissent, gender discrimination rulings, campus free speech disputes, and fake attorney schemes represent ongoing legal and institutional challenges requiring policy updates and vigilance.
Intellectual property law
fromPatently-O
1 month ago

Five Petitions, Five Denials: The Federal Circuit's Mandamus Wall Grows Higher

The Federal Circuit rejected all mandamus petitions challenging USPTO's discretionary denial of inter partes review, establishing that such denials are not subject to judicial oversight.
Law
fromAbove the Law
1 month ago

Legalweek's Annual Judicial Panel: A Clear And Present Danger To Our Judges - And The Rule Of Law - Above the Law

Federal judges face escalating threats, harassment, and violence from those who disagree with their rulings, creating a crisis threatening judicial independence and the rule of law.
Law
fromAbove the Law
1 month ago

Shadow Docket Sock Fest - See Also - Above the Law

Supreme Court justices debate shadow docket procedures; Rutgers Law faces discrimination lawsuit over dean's firing; minimal federal law clerk complaints filed under judicial conduct rules.
US politics
fromAbove the Law
2 months ago

How Appealing Weekly Roundup - Above the Law

Legal and political disputes: tariffs, Supreme Court action, prison transfers, free-speech risks, Bondi oversight, and challenges to the Voting Rights Act.
Law
fromAbove the Law
1 month ago

SCOTUS Justices Air Internal Debate Over Shadow Docket At Public Event - Above the Law

Justices Jackson and Kavanaugh disagree on the Supreme Court's emergency docket, with Jackson criticizing its use to implement policies before legal challenges are resolved, while Kavanaugh defends it as a necessary structural feature of modern governance.
fromAbove the Law
2 months ago

They've Done Enough - See Also - Above the Law

Trump's Lawyers Should Be Disbarred: Time for accountability.
US politics
fromAbove the Law
2 months ago

DOJ Attacks Judge, Claims Judicial Immunity For Itself - Above the Law

If you are a lawyer, are interested in being an AUSA, and support President Trump and anti-crime agenda, DM me. We need good prosecutors. And DOJ is hiring across the country. Now is your chance to join the mission and do good for our country.- Chad Mizelle (@chad_mizelle) January 31, 2026
US politics
US politics
fromAbove the Law
2 months ago

Morning Docket: 01.21.26 - Above the Law

Headlines report data theft linked to election overturn efforts, judicial turmoil, U.S. Attorney vacancy, international sentencing, DOJ birthright citizenship push, and immigration court compliance concerns.
US politics
fromEmptywheel
2 months ago

How Trump's SCOTUS Appeal Shows Why He's Got a Weaker Legal Argument than a [Former] Gitmo Detainee

The dispute centers on whether orders requiring disclosure of classified records to a Special Master are immediately appealable, distinguishing prior cases that authorized collateral appeals.
fromSlate Magazine
2 months ago

One Supreme Court Case Is Most Responsible for Our Oligarchy. It's Not the One You Think.

That Supreme Court decision, Buckley v. Valeo, happens to turn 50 years old this week. It's Buckley, and not the often-excoriated 2010 Roberts court decision in Citizens United v. FEC, that created the conditions for the ultrawealthy to transform their vastly unequal economic power into lopsided political power, and for a billionaire like Elon Musk to contribute a staggering $291 million to help elect Republican candidates, including Donald Trump, in 2024.
US politics
Law
fromAbove the Law
1 month ago

Federal Circuit Dissents Plummet After Pauline Newman's Ersatz Impeachment - Above the Law

Dissenting opinions reveal judicial disagreement and can vindicate alternative legal reasoning over time, as demonstrated by Judge Pauline Newman's dissents on the Federal Circuit being later affirmed by the Supreme Court.
Law
fromAbove the Law
2 months ago

Whole New Meaning To Judicial Restraint - See Generally - Above the Law

A Texas judge faces charges for handcuffing an attorney mid-hearing; coordinated efforts push to disbar Trump-era lawyers while litigation over demolished historic buildings continues.
Law
fromAbove the Law
1 month ago

Legal Ethics Roundup: Ethics Of AI Glasses In Court, Gambling Lawyer Guilty, SCOTUS Restricts Access to Counsel, Judge's Novel Recusal & More - Above the Law

Legal ethics headlines cover lawyer and judge responsibilities, including AI misuse sanctions, security threats to justices, and professional misconduct cases.
Law
fromPatently-O
2 months ago

Hot Bench: Speaking Time and Opinion Writing at the Federal Circuit

Federal Circuit judges’ median oral-argument speaking times vary fivefold, ranging from Chief Judge Moore’s 4.51 minutes to Judge Lourie’s 0.86 minutes.
Law
fromwww.bbc.com
2 months ago

Court system on 'brink of collapse', former senior judge warns

Criminal court system faces collapse due to unprecedented Crown Court trial backlogs, requiring comprehensive, immediate reforms rather than selective measures.
Law
fromAbove the Law
2 months ago

Morning Docket: 01.22.26 - Above the Law

ICE and courts face controversies over enforcement tactics and civil liberties, while legal industry and prominent figures draw scrutiny for lobbying, clemency requests, and ethics.
Law
fromAbove the Law
2 months ago

Morning Docket: 02.03.26 - Above the Law

Clintons to testify on Epstein amid related disappearances and wider legal battles spanning big law ethics, crypto fraud risk, major M&A, and possible government deception.
[ Load more ]