How Appealing



Saturday, May 14, 2016

“D.C. Circuit Review — Reviewed: The Dissents that Matter Most to Chief Judge Garland.” Aaron Nielson has this post today at the blog of the Yale Journal on Regulation.

Posted at 9:58 PM by Howard Bashman



“Congress ducks open-records law as judges reject plea to see torture report”: Stephen Dinan of The Washington Times has this report.

Lawrence Hurley of Reuters reports that “U.S. court rejects bid to make full Senate ‘torture report’ public.”

The Associated Press reports that “Appeals court rejects effort to disclose torture report.”

Cristian Farias of The Huffington Post reports that “American Public Is Not Entitled To See Full Senate Torture Report, Court Rules; As a ‘congressional record,’ the document is not subject to freedom-of-information laws.”

Julian Hattem of The Hill reports that “Court rejects effort to release ‘torture report.’

And Josh Gerstein of Politico.com has a blog post titled “Appeals court won’t order release of ‘torture report.’

You can access yesterday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 1:16 PM by Howard Bashman



“How Republicans Finally Got a Victory on Obamacare; A federal judge’s ruling against the administration vindicated the GOP’s try-anything strategy to derail the Affordable Care Act”: Russell Berman of The Atlantic has this report.

Peter Sullivan of The Hill has an article headlined “New hope for GOP after early win in ObamaCare lawsuit.”

John Lauerman of Bloomberg News reports that “Hospitals Are Biggest Losers in Latest Legal Attack on Obamacare.”

Online at National Review, law professor Josh Blackman has an essay titled “The House Stands Up to Unconstitutional Obamacare Payments.”

And online at Bloomberg View, Megan McArdle has an essay titled “Oops! Obamacare Runs Afoul of the Constitution.”

Posted at 1:00 PM by Howard Bashman



Friday, May 13, 2016

“Senator Rand Paul to back bill blocking FBI hacking expansion”: Reuters has a report that begins, “Kentucky Senator Rand Paul plans to become the first Republican co-sponsor of legislation to block a pending judicial rule change that would let U.S. judges issue search warrants for remote access to computers located in any jurisdiction, his office told Reuters on Thursday.”

Posted at 9:28 PM by Howard Bashman



“Pfizer rules on lethal injection drugs may limit death penalty executions”: Richard Wolf and Jayne O’Donnell of USA Today has this report.

Erik Eckholm of The New York Times reports that “Pfizer Blocks the Use of Its Drugs in Executions.”

Mark Berman of The Washington Post reports that “Pfizer tightens restrictions to keep drugs from being used in executions.”

Lauren Gambino of The Guardian (UK) reports that “Pfizer blocks its drugs from being used in lethal injections in prisons; Move shuts throws death penalty states into deeper disarray as they struggle to obtain drugs and carry out executions.”

Kent Faulk of The Birmingham News has an article headlined “Prison official: Pfizer policy to block its drugs from use in executions does not affect Alabama.”

Bloomberg News reports that “Pfizer to Restrict Sales of Seven Drugs Used in Executions.”

And Reuters reports that “Pfizer blocks its drugs from use in lethal injections.”

Posted at 8:14 PM by Howard Bashman



“Obama’s push for broader transgender protections may get legal boost from the late Antonin Scalia”: David G. Savage of The Los Angeles Times has this report.

Posted at 7:54 PM by Howard Bashman



“Texas school finance system is legal, Supreme Court rules”: Chuck Lindell of The Austin American-Statesman has this report.

Mike Ward and Andrea Zelinski of The Houston Chronicle reports that “Texas Supreme Court rules school finance system is constitutional.”

And The Associated Press reports that “Texas’ high court upholds school funding formula.”

Today’s ruling of the Supreme Court of Texas consists of the 100-page opinion of the court, written by Justice Don R. Willett, and two concurring opinions (here and here).

Posted at 11:18 AM by Howard Bashman



“States Move Toward Treating 17-Year-Old Offenders as Juveniles, Not Adults”: Erik Eckholm will have this article in Saturday’s edition of The New York Times.

Posted at 10:50 AM by Howard Bashman



“Federal judge rules Obamacare is being funded unconstitutionally”: David G. Savage of The Los Angeles Times has this report. The newspaper has also posted online an editorial titled “The GOP’s scorched-earth approach to Obamacare finally pays off — except for the poor of course.”

In today’s edition of The New York Times, Carl Hulse has an article headlined “Judge Backs House Challenge to a Key Part of Health Law.”

In today’s edition of The Washington Post, Spencer S. Hsu, Greg Jaffe, and Lena H. Sun have an article headlined “Judge strikes down Obama health law insurance subsidy in victory for House GOP.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Judge: Billions spent illegally on ACA benefits.”

And at WSJ.com’s “Law Blog,” Jacob Gershman has a post titled “Architect of House GOP Obamacare Lawsuit Savors Unlikely Win.”

Posted at 10:48 AM by Howard Bashman



“George Mason law school faculty strongly in favor of the Scalia name”: Susan Svrluga of The Washington Post has this report. A “Sense of the Faculty Resolution” that the Tenured and Tenure-Track Faculty of the George Mason University School of Law adopted yesterday can be accessed here.

At Bloomberg Law, Blake Edwards has a post titled “George Mason Law Faculty Endorses Scalia Renaming, Regrets Dissension.”

Online at National Review, George Mason law professors Lloyd Cohen and Todd Zywicki have an essay titled “Intolerance of Tolerance at George Mason University; The Left complains about naming a law school after a Supreme Court justice.”

And at “The Volokh Conspiracy,” David Bernstein has a post titled “No, the student body at George Mason University’s law school is not ‘conservative.’

Posted at 10:35 AM by Howard Bashman



Thursday, May 12, 2016

“A Republican Judge Just Opened A New Front In The War On Obamacare”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 8:55 PM by Howard Bashman



“Does Size Matter? The Latest Battle Over State Supreme Courts; Over the past decade, legislators in several states have sought to expand or reduce the number of justices on their highest courts; In some cases, they admit their intent to tilt the ideological balance.” Governing.com has this report today.

Posted at 8:47 PM by Howard Bashman



“Obama’s Health Law Wrongly Repaying Funds to Insurers, Judge Says; Judge sides with House Republicans, ruling unappropriated funds can’t be used to reimburse insurers”: Brent Kendall, Stephanie Armour, and Anna Wilde Mathews of The Wall Street Journal have this report.

Lawrence Hurley of Reuters has an updated report headlined “Republicans win Obamacare legal challenge, add to insurer concerns.”

Erik Larsonand Andrew M Harris of Bloomberg News report that “Some Obamacare Funding Deemed Illegal by D.C. Federal Judge.”

And Cristian Farias and Jeffrey Young of The Huffington Post report that “House Republicans Win Battle In Major Legal Challenge To Obamacare; The poorest enrollees would be hit hardest if the court ruling stands.”

Posted at 5:50 PM by Howard Bashman



“U.S. judge hands win to Republicans in Obamacare challenge”: Lawrence Hurley of Reuters has a report that begins, “A U.S. judge on Thursday ruled in favor of congressional Republicans who challenged the Obama administration’s implementation of President Barack Obama’s healthcare law.”

Richard Wolf, Gregory Korte, and Jayne O’Donnell of USA Today report that “Federal judge strikes down Obamacare payments.”

Tom Howell Jr. of The Washington Times reports that “Judge rules in favor of House GOP in Obamacare lawsuit; Says administration usurped Congress’s power of the purse.”

Sam Hananel of The Associated Press reports that “Judge sides with House Republicans against health care law.”

Jennifer Haberkorn of Politico.com reports that “House GOP wins Obamacare lawsuit.”

And Peter Sullivan of The Hill reports that “Judge rules for House GOP in ObamaCare suit.”

You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 12:54 PM by Howard Bashman



“Garland’s Record: Agencies Win, Prosecutors Win and Judges Agree With Him (Mostly); Our review of the Supreme Court nominee’s 329 written majority opinions”: Zoe Tillman of The National Law Journal has this report.

Posted at 10:18 AM by Howard Bashman



“U.S. high court could spur Congress on Puerto Rico debt crisis”: Lawrence Hurley and Nick Brown of Reuters have this report.

Posted at 8:47 AM by Howard Bashman