Howard J Bashman

July 18, 2017 | The Legal Intelligencer

The U.S. Supreme Court's recently concluded 2016-2017 term will most likely be remembered as the term in which the court largely avoided the ­limelight as it awaited the arrival of a ninth justice, who joined the court only in time for its final two-week oral argument session. Although the court did decide some high-profile cases, there were far fewer than in recent terms. That could be about to change, however, now that the court has returned to full strength.

By Howard J. Bashman

8 minute read

June 20, 2017 | The Legal Intelligencer

Under the so-called "final ­judgment rule"—which federal appellate courts and the state appellate courts of Pennsylvania follow to slightly differing degrees—appellate review of even a ­tremendously important ruling of a trial court ordinarily must await the completion of the entire case.

By Howard J. Bashman

6 minute read

May 15, 2017 | The Legal Intelligencer

Now that Neil M. Gorsuch has joined the U.S. Supreme Court as an ­associate justice, the prospect of evenly divided rulings from that court should dissipate next term. When the U.S. Supreme Court is evenly divided due to vacancy or recusal, the effect is that the judgment under review is affirmed, but no precedent is created to govern future cases presenting the same issue. The U.S. Supreme Court ordinarily does not issue any opinions setting forth the separate views of the justices in such cases.

By Howard J. Bashman

11 minute read

April 10, 2017 | The Legal Intelligencer

Next month, the "How Appealing" blog that I launched on May 6, 2002, to provide and collect coverage of noteworthy appellate court rulings and ­developments will celebrate its 15th birthday. Advances in communications and ­technology over that period have greatly enhanced the ability to access and ­disseminate information.

By Howard J. Bashman

12 minute read

March 14, 2017 | The Legal Intelligencer

Two months ago, the Philadelphia-based U.S. Court of Appeals for the Third Circuit became just the second federal appellate court to begin posting video of its oral arguments online. The San Francisco-based Ninth Circuit was the ­trailblazer when it comes to online oral argument video, and that court now streams live on YouTube the oral arguments of nearly all of its cases.

By Howard J. Bashman

12 minute read

February 13, 2017 | The Legal Intelligencer

One year ago, Justice Antonin Scalia died unexpectedly on a hunting excursion to Texas. That same day, in the early stages of a presidential campaign, the Republican leadership in the U.S. Senate announced that it would refuse to consider or ­confirm any replacement for Scalia until after President Barack Obama's successor took office in January 2017.

By Howard J. Bashman

12 minute read

January 09, 2017 | The Legal Intelligencer

The Supreme Court of Pennsylvania's Appellate Court Procedural Rules Committee has been keeping busy recently, proposing two significant changes to the state rules of appellate procedure that are currently at the notice-and-comment stage of the rulemaking process. The rule changes address two aspects of Pennsylvania appellate practice that this monthly ­appellate column has regularly discussed in the past.

By Howard J. Bashman

12 minute read

December 12, 2016 | The Legal Intelligencer

As 2016 draws to a close, it's the ­perfect time for me to update a number of subjects that this column has addressed in the recent past.

By Howard J. Bashman

11 minute read

November 08, 2016 | The Legal Intelligencer

Every four years, like clockwork, one politician or another will warn that the impending presidential ­election will be the most important in ­history in determining the future course of the U.S. Supreme Court. For the first time in recent memory, however, this year that ­proclamation appears to be correct.

By Howard J. Bashman

13 minute read

October 10, 2016 | The Legal Intelligencer

Efforts to derail voting in next month's general election on a ballot question asking voters if Pennsylvania's ­judicial retirement age should be 75 years of age have thus far failed to succeed. Although challengers to the proposal have yet to give up all hope, at this point it appears likely that the question will appear on the ballot in the form of a proposed amendment to Pennsylvania's Constitution next month.

By Howard J. Bashman

10 minute read