How Appealing



Monday, October 23, 2017

“He Didn’t Vote in a Few Elections. In the Next One, Ohio Said He Couldn’t.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 11:11 AM by Howard Bashman



“Detained immigrant teen asks full appeals court to let her get abortion”: Samantha Schmidt of The Washington Post has this report.

David Lauter of The Los Angeles Times reports that “Immigrant abortion case heads back to court.”

Greg Toppo of USA Today reports that “ACLU asks federal court to reconsider block on undocumented teen’s abortion.”

Rebecca Savransky of The Hill reports that “Undocumented teen asks full appeals court to step in, allow abortion.”

And at the “Daily Intelligencer” blog of New York Magazine, Cristian Farias has a post titled “The Case of the Undocumented Teen Who Wants an Abortion Is a Constitutional Hellhole for Trump.”

You can access at this link the emergency petition for rehearing en banc filed last night in the U.S. Court of Appeals for the D.C. Circuit. The federal government’s answer was due minutes ago, and I will link to it once it becomes available online.

Update: The federal government’s answer in opposition to the petition for rehearing en banc can be accessed here.

Posted at 11:08 AM by Howard Bashman



Sunday, October 22, 2017

“A Dearth of Female Attorneys at Supreme Court Oral Arguments”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 9:33 PM by Howard Bashman



“Does Chief Justice Roberts fear gobbledygook? Or is that just baloney?” Robert Barnes of The Washington Post has this report.

Posted at 7:16 PM by Howard Bashman



“Welty Gala: Toobin touches on Supreme Court, Trump tweets and journalism.” Isabelle Altman has this front page article in today’s edition of The Commercial Dispatch of Columbus, Mississippi.

Posted at 1:08 PM by Howard Bashman



“When Can Private Entities Censor Speech? Trump’s pressure on the NFL to censor its players is a First Amendment issue.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 1:02 PM by Howard Bashman



Saturday, October 21, 2017

“The Arpaio Decision: When the World Is Extraordinary But the Law is Ordinary.” Joshua Geltzer has this post at “Just Security.”

Posted at 11:03 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Broadcasts.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 5:22 PM by Howard Bashman



“Sandy Hook Gun Case To Be Heard By Reconfigured Supreme Court”: Dave Altimari of The Hartford Courant has an article that begins, “The high-profile legal appeal by families of Sandy Hook Elementary School shooting victims who sued the manufacturer of the gun used in the 2012 massacre will be heard by a state Supreme Court panel that will include only three sitting full-time justices.”

Posted at 5:18 PM by Howard Bashman



Friday, October 20, 2017

“Same Rules Apply: How a favorite conservative weapon during the Obama era should be used to block Trump’s contraception mandate rewrite.” Brianne Gorod has this jurisprudence essay online at Slate.

Posted at 10:33 PM by Howard Bashman



“Appeals court delays abortion for undocumented teen; gives government time to find her a sponsor”: Maria Sacchetti and Ann E. Marimow of The Washington Post have this report.

Alex Swoyer of The Washington Times reports that “Appeals court gives feds 11 days to find sponsor for illegal minor seeking abortion.”

Brent Kendall and Laura Meckler of The Wall Street Journal report that “Trump Administration Can Block Teenage Illegal Immigrant’s Abortion Till Oct. 31; Appeals court rules HHS should find a private sponsor for the girl so she can obtain the procedure.”

Richard Wolf of USA Today reports that “Court blocks undocumented teen’s abortion — for now.”

Joseph Tanfani of The Los Angeles Times reports that “Appeals court delays abortion for immigrant held in federal detention.”

Chuck Lindell of The Austin American-Statesman reports that “Appeals court ruling delays abortion for immigrant teen in Texas.”

Jackie Wang of The Dallas Morning News reports that “Court rules a sponsor can take an unauthorized migrant teen in Texas to have an abortion.”

Lawrence Hurley and Ian Simpson of Reuters report that “U.S. court blocks immigrant teen’s bid to obtain abortion.”

Jessica Gresko of The Associated Press reports that “DC court blocks for now immigrant teen’s access to abortion.”

Eric Levenson and Tal Kopan of CNN.com report that “Court delays abortion for undocumented teen in detention.”

Renuka Rayasam and Josh Gerstein of Politico.com report that “Appeals court looks for compromise on abortion for undocumented minor; Ruling gives feds until Oct. 31 to find sponsor who can take teen out of custody.”

Ema O’Connor of BuzzFeed News reports that “Court Orders More Delays For Undocumented Teenager Seeking An Abortion; A court ruling Friday will postpone the pregnant 17-year-old’s request that the Trump administration allow her to get an abortion.”

And Giulia Afiune and Claire Allbright of The Texas Tribune report that “Federal appeals court blocks undocumented teen’s request for immediate abortion.”

You can access today’s order of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link and a dissenting opinion at this link.

Posted at 10:26 PM by Howard Bashman



“Immigrant’s abortion case fosters lively court debate, no ruling yet”: Chuck Lindell of The Austin American-Statesman has this report.

Giulia Afiune of The Texas Tribune reports that “Federal appeals court hears case of undocumented teen seeking abortion in Texas.”

In commentary, The Los Angeles Times has an editorial titled “The U.S. government can’t hold undocumented pregnant teens hostage when they want an abortion.”

And online at The New York Times, columnist Michelle Goldberg has an essay titled “The Trump Administration’s Power Over a Pregnant Girl.”

Posted at 1:18 PM by Howard Bashman



Access the live audio stream of this morning’s D.C. Circuit oral argument in Garza v. Hargan: Via this link (Adobe flash required). Thanks to Fix the Court for making the request that resulted in this live audio feed.

In news coverage, Brent Kendall and Laura Meckler of The Wall Street Journal report that “Appeals Court to Review Case of Undocumented Teenager Seeking Abortion; Judge ordered Department of Health and Human Services to allow her to leave shelter to obtain procedure.”

Posted at 9:52 AM by Howard Bashman



Thursday, October 19, 2017

“Judge won’t wipe out guilty verdict for Arpaio; Trump pardon ends criminal case but won’t ‘revise historical facts,’ court says”: Josh Gerstein of Politico.com has this report.

Posted at 9:57 PM by Howard Bashman



“Are the Emoluments Lawsuits Filed Against President Trump Dead?” Sheelah Kolhatkar has this post online at The New Yorker.

Posted at 9:37 PM by Howard Bashman



“Has the Supreme Court Legalized Public Corruption? By making it harder to punish official misconduct, the justices risk damage to America’s republican institutions.” Matt Ford has this report online at The Atlantic.

Posted at 9:22 PM by Howard Bashman



“Originalism and Textualism in Action: Not Constraining and Not Neutral.” Joseph Kimble has this post at “Dorf on Law.”

Posted at 8:47 PM by Howard Bashman



“Morrissey v. U.S. and the IRS’s Hostility to Reproductive Choice”: Tessa Davis has this post at “PrawfsBlawg.”

Posted at 8:25 PM by Howard Bashman