Howard J Bashman

May 14, 2018 | The Legal Intelligencer

A little over two weeks ago, The New York Times published a lengthy editorial titled “Please Stay, Justice Kennedy. America Needs You.” The passionate editorial correctly explained that were President Donald J. Trump to replace Kennedy with a more dependable conservative on the U.S. Supreme Court, then various of Kennedy's most notable rulings in the areas of abortion rights, affirmative action in college admissions, and equal rights for LGBTQ individuals would be at serious risk of being overruled.

By Howard J. Bashman

7 minute read

April 09, 2018 | The Legal Intelligencer

As longtime readers of this column are aware, I am an enthusiastic supporter of electronic filing on appeal. Appellate e-filing has long been mandatory for attorneys in the U.S. Court of Appeals for the Third Circuit and other federal appellate courts, but it remains optional for attorneys in the Pennsylvania state appellate courts.

By Howard J. Bashman

6 minute read

March 12, 2018 | The Legal Intelligencer

On Jan. 22, by a vote of 5-to-2, the Supreme Court of Pennsylvania held that the commonwealth's congressional districts were unlawfully gerrymandered in violation of Pennsylvania's Constitution.

By Howard J. Bashman

7 minute read

February 05, 2018 | The Legal Intelligencer

Although trial judges occupy the lowest rung on the ladder of judicial review, in many respects trial judges may be most powerful type of judge, even more powerful than appellate judges located higher up on that very same ladder.

By Howard J. Bashman

6 minute read

December 29, 2017 | The Legal Intelligencer

Howard J. Bashman.Upon Further ReviewThe Third Circuit, in common with every other federal appellate court, ordinarily hears and decides appeals using three-judge panels. Currently, the Third Circuit has 12 active judges and two vacant seats. The court also has nine senior-status judges who can volunteer to serve on three-judge panels to whatever extent they desire.

By Howard J. Bashman

6 minute read

December 11, 2017 | The Legal Intelligencer

Upon Further ReviewSteven Calabresi, one of the Federalist Society's co-founders, in advance of the organization's most recent annual convention…

By Howard J. Bashman

11 minute read

November 13, 2017 | The Legal Intelligencer

If you have had the pleasure of orally arguing an appeal recently in the Supreme Court of Pennsylvania or before the en banc (full court) Superior Court of Pennsylvania or Commonwealth Court of Pennsylvania, then you probably noticed that those oral arguments are videotaped for later broadcast on the Pennsylvania Cable Network (PCN).

By Howard J. Bashman

6 minute read

October 16, 2017 | The Legal Intelligencer

You may be surprised to learn that one of the most useful and informative practice guides for attorneys and law students interested in appellate practice had its origin here in the U.S. Court of Appeals for the Third Circuit.

By Howard J. Bashman

12 minute read

September 18, 2017 | The Legal Intelligencer

This summer, while your attention may have been understandably ­focused elsewhere, the Superior Court of Pennsylvania issued two noteworthy decisions offering brief-writing and issue selection advice. Because helping lawyers improve the quality of their appellate advocacy is a regular focus of this column, and because the appellate advocacy aspects of these two recent rulings did not garner widespread notice, a closer look at the relevant aspects of these two recent decisions is warranted.

By Howard J. Bashman

6 minute read

August 14, 2017 | The Legal Intelligencer

The Philadelphia-based U.S. Court of Appeals for the Third Circuit is authorized to have 14 judges in active service. The court, however, currently has three vacancies. Two of those vacancies, one in Pennsylvania and one in New Jersey, existed before last November's presidential election and continue to exist now. The third vacancy occurred when Circuit Judge D. Michael Fisher took senior status in February of this year.

By Howard J. Bashman

11 minute read