How Appealing



Tuesday, July 22, 2014

“Mexico-born law professor Cuellar chosen for California Supreme Court”: Maura Dolan of The Los Angeles Times has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined “Stanford law school professor named to California Supreme Court.”

The Sacramento Bee has a news update headlined “Jerry Brown names law school professor to California Supreme Court.”

And The Associated Press reports that “Law professor nominated to California high court.”

Posted at 2:30 PM by Howard Bashman



“Slain Toronto professor Dan Markel eulogized by colleagues; Law professors from around the U.S. pen memorial to Toronto-born man killed in Florida”: CBC News has this report.

Posted at 2:23 PM by Howard Bashman



“Courts Issue Conflicting Rulings on Health Care Law”: Robert Pear of The New York Times has this news update reporting on today’s D.C. Circuit ruling in the Halbig case (see this earlier post collecting early news coverage) and today’s ruling of the U.S. Court of Appeals for the Fourth Circuit in King v. Burwell.

The Washington Post has a news update headlined “Federal appeals court panel deals major blow to health law” that begins, “Two federal appellate courts handed down contradictory rulings Tuesday on the legality of a central part of the Affordable Care Act that provides insurance subsidies to millions of Americans in three dozen states that rely on the new federal health insurance marketplace.”

David G. Savage of The Los Angeles Times has a news update headlined “D.C. court ruling deals new blow to Affordable Care Act.”

Brent Kendall and Stephanie Armour of The Wall Street Journal have a news update headlined “Appeals Courts Issue Conflicting Rulings on Health-Law Subsidies; Subsidies Seen as Crucial to Implementation of Affordable Care Act.”

Richard Wolf of USA Today reports that “Appeals court panel deals blow to Obamacare.”

Politico.com has reports headlined “D.C. Appeals court strikes Obamacare subsidies“; “DOJ to appeal ‘incorrect’ Halbig ruling“; and “GOP: Ruling an Obamacare ‘repudiation.’

The Hill has reports headlined “Federal appeals court strikes blow against ObamaCare subsidies“; “Second court disagrees, upholds subsidies“; and “Hoyer: Court ignores Congress’s intent.”

Sahil Kapur of TPM DC reports that “Federal Appeals Courts Clash Over Obamacare Subsidies.” And Dylan Scott of TPM DC reports that “4.7 Million Could Lose Obamacare Subsidies After Huge Court Decision.”

Posted at 12:58 PM by Howard Bashman



“Motrin Lawsuit: Jury Awards Girl $10 Million for Burns and Blindness.” The ABC News program Good Morning America had this report in June 2011.

Today, a unanimous three-judge panel of the Superior Court of Pennsylvania affirmed the judgment in plaintiffs’ favor, in a case in which I had briefed and argued the appeal on the plaintiffs’ behalf. You can access today’s ruling at this link, and you can access my clients’ Brief for Appellees at this link.

Posted at 12:00 PM by Howard Bashman



“Because we conclude that the ACA unambiguously restricts the section 36B subsidy to insurance purchased on Exchanges ‘established by the State,’ we reverse the district court and vacate the IRS’s regulation.” A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today issued its ruling in Halbig v. Burwell.

Senior Circuit Judge Harry T. Edwards issued a dissenting opinion that begins, “This case is about Appellants’ not-so-veiled attempt to gut the Patient Protection and Affordable Care Act.”

In early news coverage, Andrew Zajac of Bloomberg News reports that “Obamacare Aid for Plan Buyers on U.S. Exchange Overturned.”

David Morgan, Lawrence Hurley, and Aruna Viswanatha of Reuters have a report headlined “Appeals court throws out IRS rule on Obamacare subsidies.”

The Associated Press reports that “Federal appeals court deals blow to health law.”

And Lyle Denniston of “SCOTUSblog” has a post titled “Major new blow to health care law.”

Posted at 10:21 AM by Howard Bashman



“U.S. Senate confirms Carnes for Atlanta-based appeals bench”: Daniel Malloy of The Atlanta Journal-Constitution has an article that begins, “The U.S. Senate on Monday confirmed Judge Julie Carnes to serve on the Atlanta-based U.S. Circuit Court of Appeals, the first judicial vacancy filled in Georgia since 2011.”

Posted at 8:22 AM by Howard Bashman



Monday, July 21, 2014

“Dan Markel ‘intended victim’ of fatal shooting”: Sean Rossman of The Tallahassee Democrat has this report.

In Tuesday’s edition of The New York Times, John Schwartz will have an article headlined “Police Seek Clues in Fatal Shooting of Widely Known Criminal Law Professor in Florida; Dan Markel’s Death Reverberates Among Legal Scholars.”

At “Above the Law,” David Lat has a post titled “Professor Dan Markel: Some Personal Recollections.”

And online at Jewish Journal, Abigail Shrier has written an obituary headlined “Dan Markel, legal scholar, dies at 41.”

Posted at 11:58 PM by Howard Bashman



“Governor seeking reconsideration of license ruling”: The Associated Press has a report that begins, “Arizona Gov. Jan Brewer asked an appeals court Friday to reconsider its earlier ruling that blocked her policy denying driver’s licenses to young immigrants who have avoided deportation under an Obama administration policy.”

You can view Arizona’s petition for rehearing or rehearing en banc at this link.

Posted at 8:07 AM by Howard Bashman



“Why experts see little hope for GOP plan to sue Obama over law’s delay”: David G. Savage of The Los Angeles Times has this report.

Posted at 7:56 AM by Howard Bashman



Sunday, July 20, 2014

“WH not worried about Ginsburg chatter”: Amie Parnes and Justin Sink of The Hill today have an article that begins, “The White House says it’s not worried about a possible retirement by Ruth Bader Ginsburg or any other Supreme Court justice.”

Posted at 9:40 AM by Howard Bashman



“Toronto-raised law professor shot dead in Florida; Dan Markel, father of two and law professor at Florida State University, was shot at his house in Tallahassee on Friday, according to media reports; He died Saturday”: The Toronto Star has this report.

Posted at 8:42 AM by Howard Bashman



Saturday, July 19, 2014

“Appeals court eyes man’s bid to delay execution”: Yesterday, The Associated Press had a report that begins, “A federal appeals court on Friday began considering whether to grant a reprieve in the upcoming execution of an Arizona inmate after his lawyer sought information about the two-drug combination that will be used to put him to death.”

More recently, this evening, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed the district court’s denial of a preliminary injunction and held that the death row inmate was entitled to the information he is seeking. You can access the majority opinion at this link and the dissenting opinion at this link.

Posted at 7:20 PM by Howard Bashman