How Appealing



Saturday, July 28, 2018

“Retiring U.S. Supreme Court justice speaks in Anaheim about career, motivation when making decisions”: Sean Emery of The Orange County Register has an article that begins, “Retiring U.S. Supreme Court Justice Anthony Kennedy raised concerns over the United States ‘drifting away’ from Europe and criticized the use of solitary confinement amid recollections of his early career during a speech at the Ninth Circuit Judicial Conference in Anaheim.”

And C-SPAN has posted online the video of the remarks in a segment titled “Retiring Justice Anthony Kennedy on Legacy and Court.”

Posted at 8:20 PM by Howard Bashman



“Can a pharmacist legally deny a patient a prescription? It depends; Recent cases highlight the gray area around ‘conscience clauses’ that many patients don’t even know exist.” Elizabeth Chuck of NBC News has this report.

Posted at 5:07 PM by Howard Bashman



“Appeals court to reconsider rejection of settlement against Hyundai, Kia”: Bob Egelko of The San Francisco Chronicle has this report.

Jonathan Stempel of Reuters reports that “U.S. appeals court to reconsider Hyundai-Kia gas mileage settlement.”

And Linda Chiem of Law360.com reports that “Full 9th Circ. To Review Hyundai, Kia Fuel Economy Ruling” (subscription required for full access).

You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. And this blog’s earlier coverage of the now-vacated divided three-judge panel’s ruling can be accessed here.

Posted at 1:28 PM by Howard Bashman



“No mystery to Supreme Court nominee Kavanaugh’s gun views”: Michael Kunzelman and Larry Neumeister of The Associated Press have this report.

Posted at 1:09 PM by Howard Bashman



“‘A different level of intensity’: Collins and Murkowski find pressure over Supreme Court lacks emotional pleas on health care.” Paul Kane of The Washington Post has this report.

Posted at 10:54 AM by Howard Bashman



“An obscure federal law may give corporations immunity from lawsuits over terrorism”: Matt Pearce of The Los Angeles Times has an article that begins, “For MGM Resorts International, millions of dollars could hinge on a single question: Was the shooting massacre of 58 people at a concert in Las Vegas last year an act of terrorism?”

Posted at 10:40 AM by Howard Bashman



Friday, July 27, 2018

“The Constitutional Amendment That Reinvented Freedom: The 14th Amendment, the one that empowered the Bill of Rights, turns 150 on Saturday.” T.J. Stiles has this essay online at The New York Times.

Posted at 10:28 PM by Howard Bashman



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

Posted at 10:20 PM by Howard Bashman



“Kavanaugh, Nixon and the Death of Rational Discourse: The landmark case that sealed Richard Nixon’s fate gave legal scholars plenty to chew on, but at least the debate was open and civil.” Law professor Stephen L. Carter has this essay online at Bloomberg View.

Posted at 10:18 PM by Howard Bashman



“Kopf Twitter Flap Shows #MeToo Reform Must Be Inclusive”: Andrew Strickler of Law360.com has this report (subscription may be required for full access).

Posted at 9:25 AM by Howard Bashman



“SG Francisco Turns Shifting U.S. Policy Into SCOTUS Wins”: Patrick Gregory and Kimberly Robinson of Bloomberg Law have this report.

Posted at 9:20 AM by Howard Bashman



Thursday, July 26, 2018

“Dismissal of lawsuit over Birmingham’s minimum wage hike reversed by appeals court”: Ivana Hrynkiw of the Alabama Media Group has this report.

Josh Eidelson of Bloomberg News has an article headlined “Black Cities in Red States Win Key Victory in Minimum Wage Fight; A federal appeals court revived a lawsuit claiming Alabama legislators were motivated by race when they quashed a Birmingham pay law.”

John Blake of CNN reports that “Fight to raise minimum wage wins court victory in Birmingham.”

And Dave Jamieson of HuffPost reports that “Fast-Food Workers Notch Win In Alabama Minimum Wage Fight; The workers have a plausible claim that white Alabama lawmakers violated their rights by blocking Birmingham’s minimum wage, an appeals court ruled.”

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

Posted at 11:30 PM by Howard Bashman



“9th Circuit Court: Chino Valley Unified school board prayer unconstitutional.” Beau Yarbrough has this front page article in today’s edition of The Inland Valley Daily Bulletin of Rancho Cucamonga, California.

Maura Dolan of The Los Angeles Times reports that “9th Circuit Court panel rejects prayer at Chino Valley school board meetings.”

And Bob Egelko of The San Francisco Chronicle reports that “Appeals court rules that prayers at school board meetings are unconstitutional.”

You can access yesterday’s per curiam ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 11:18 PM by Howard Bashman



“This court has gone to the left. Trump has a chance to move it to the right.” Emma Dumain and Brian Murphy of McClatchy DC have a report that begins, “President Donald Trump has spent his first 18 months in office restocking, and reshaping, courts all across the federal judiciary. Now he has the chance to make his mark on the 4th U.S. Circuit Court of Appeals.”

Posted at 9:48 PM by Howard Bashman



“Boys on the Bench: All the lame excuses conservatives are making to explain why the president isn’t nominating female judges.” Mark Joseph Stern and Sofie Werthan have this jurisprudence essay online at Slate.

Posted at 9:26 PM by Howard Bashman



“Legal Opinions Or Political Commentary? A New Judge Exemplifies The Trump Era.” Carrie Johnson of NPR has a report that begins, “Less than a year into a lifetime appointment, a 45-year-old federal appeals court judge named James Ho may embody President Trump’s most enduring legacy.”

Posted at 9:43 AM by Howard Bashman



Wednesday, July 25, 2018

“The Highest Court in the Land: A converted storage room on the top floor of the Supreme Court building has become a place for justices and their clerks to get a run in — and a source of a great many tales.” Stanley Kay has this article in the July 30, 2018 issue of Sports Illustrated.

Posted at 10:15 PM by Howard Bashman



“The one Republican who could pay dearly for backing Kavanaugh: Nevada Sen. Dean Heller is the lone Republican senator up for reelection in a state President Donald Trump lost.” James Arkin and Burgess Everett of Politico have this report.

And Jordain Carney of The Hill reports that “Dems struggle on Kavanaugh.”

Posted at 9:25 PM by Howard Bashman



“Kavanaugh is right to have major doubts about special counsels”: Seth Lipsky has this essay online at The New York Post.

Posted at 9:18 PM by Howard Bashman



“Indirectly Inferring Kavanaugh’s Positions in Abortion Cases”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 9:13 PM by Howard Bashman



“Tricky Dick Schumer: The latest anti-Kavanaugh claims are, well, Nixonian.” This editorial appears in today’s edition of The Wall Street Journal.

Posted at 9:15 AM by Howard Bashman