How Appealing



Tuesday, July 17, 2018

“Hospitals Challenge Medicare Payments, With Help From Judge Kavanaugh”: Robert Pear has this article in today’s edition of The New York Times.

Posted at 1:25 PM by Howard Bashman



“KC’s ‘top-notch’ immigration lawyer on her immigrant roots and Supreme Court win”: Rick Montgomery of The Kansas City Star has this report.

Posted at 1:16 PM by Howard Bashman



“The Private-School Persuasion of the Supreme Court: Brett Kavanaugh, Trump’s latest nominee for the bench, graduated from a Catholic high school; So did four of the current Justices.” Alia Wong of The Atlantic has this report.

Posted at 1:11 PM by Howard Bashman



“India’s Battle for Same-Sex Love: A colonial-era law that criminalizes homosexual sex is viewed by many as a blot on the idea of India as a liberal democracy.” Online at The New York Times, Sandip Roy has an essay that begins, “Five judges on India’s Supreme Court are hearing a challenge to a law that criminalizes homosexual sex — Section 377 of the Indian Penal Code, introduced by British colonial authorities in 1861 and kept on the books in independent India.”

Posted at 1:00 PM by Howard Bashman



“Trump-Appointed Judge Bemoans the ‘Moral Tragedy’ of Abortion, Accuses Lower Court of Anti-Christian Bias”: Mark Joseph Stern has this essay online at Slate.

Posted at 11:38 AM by Howard Bashman



“Why Canada’s Supreme Court appointments are nothing like America’s circus: By and large, we’re lucky that the forces that produced America’s deeply partisan Supreme Court appointment process don’t really exist anywhere else.” Attorney Adam Goldenberg has this essay online at Maclean’s.

Posted at 11:34 AM by Howard Bashman



“Another View of Judge Kavanaugh and ‘The Artful Dodge'”: Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 11:04 AM by Howard Bashman



“Ryan Nelson — Nominee to the U.S. Court of Appeals for the Ninth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 10:40 AM by Howard Bashman



Monday, July 16, 2018

“The American Bar Association on Monday filed an amicus brief in the U.S. Supreme Court, seeking to preserve cy pres awards in class-action suits because they are an important source of funding for legal services organizations that help provide access to justice.” So begins a news release that the ABA issued today. You can access the amicus brief at this link.

Posted at 11:33 PM by Howard Bashman



“U.S. judge defends actions as trial on Texas’ fetal burial law begins”: Chuck Lindell of The Austin American-Statesman has an article that begins, “A federal trial over the future of a Texas law requiring that fetal remains be buried or cremated got off to an unusual start Monday when the judge defended himself from a federal appeals court that had questioned his motives in the case.”

Andrea Zelinski of The Houston Chronicle reports that “Judge mentions Supreme Court shift as Texas fetal burial trial begins.”

And Jon Herskovitz of Reuters reports that “Texas fetal tissue burial law on trial at U.S. court.”

Posted at 10:58 PM by Howard Bashman



“The ‘Roe v. Wade’ movie has an all-star conservative cast and a bone to pick with the media”: Travis M. Andrews of The Washington Post has this report.

Posted at 10:18 PM by Howard Bashman



“While Kavanaugh was a member, DKE flew under the radar”: Hailey Fuchs, Britton O’Daly, and Isabel Bysiewicz of The Yale Daily News have this report.

Posted at 10:02 PM by Howard Bashman



“How the Supreme Court Unleashed Business: Lewis Powell’s appointment in 1971 marked a sea change for corporate America; It’s his seat that Brett Kavanaugh now hopes to fill.” Justin Fox has this essay online at Bloomberg View.

Posted at 9:42 PM by Howard Bashman



“With another Supreme Court pick, Trump is leaving his mark on higher federal courts”: John Gramlich of Pew Research Center has this report.

Posted at 9:34 PM by Howard Bashman



“How the Supreme Court Popularity Contest Got Out of Control: From ditch digging to being a great carpool dad, SCOTUS nominees try to present themselves as wonderful people, not just good jurists.” Neil A. Lewis has this article online at Politico Magazine.

Posted at 9:22 PM by Howard Bashman



“‘Undecided’ Rand Paul worries about Kavanaugh’s views on government surveillance”: Dave Boyer has this front page article in today’s edition of The Washington Times.

Thomas Novelly of The Louisville Courier Journal reports that “Rand Paul is ‘very worried’ about Trump’s Supreme Court pick, Kavanaugh.”

And the SenatorRandPaul YouTube account yesterday posted online a video clip titled “Senator Rand Paul joins Fox News to discuss the Supreme Court and NATO expansion.”

Posted at 5:06 PM by Howard Bashman



“Report Card From the US Supreme Court: How Third Circuit Fared in 2017-18 Term.” Tomorrow’s edition of The Legal Intelligencer — Philadelphia’s daily newspaper for lawyers — will contain this month’s installment of my “Upon Further Review” column, which has become something of an annual tradition each July.

Posted at 3:37 PM by Howard Bashman



“Texan’s plans for homemade guns get OK from feds, and he says that spells doom for gun control”: Dana Branham has this front page article in today’s edition of The Dallas Morning News.

Posted at 1:57 PM by Howard Bashman



“Texas’ fetal burial law to go on trial in federal court”: Chuck Lindell has this front page article in today’s edition of The Austin American-Statesman.

In today’s edition of The Houston Chronicle, Andrea Zelinski has a front page article headlined “Fetal burial trial marks a new chapter in Texas abortion debate.”

Jackie Wang of The Dallas Morning News has an article headlined “Should abortion clinics have to bury fetal remains? Suit over Texas law goes to trial.”

And Marissa Evans of The Texas Tribune reports that “Texas fetal remains burial trial gets underway; The law at the center of the case is Senate Bill 8, passed in 2017, which requires the burial or cremation of fetal remains.”

The start of trial today no doubt helps explain the timing of this Fifth Circuit decision issued last night, which I first noted in this earlier post.

Posted at 1:50 PM by Howard Bashman



“Brett Kavanaugh, Trump’s Supreme Court pick, could have a major impact on gun laws, rejecting assault-weapon bans”: David G. Savage has this front page article in today’s edition of The Los Angeles Times.

Posted at 11:25 AM by Howard Bashman



“Will Kavanaugh Curb Sloppy White House Deregulation? The judge insists that federal agencies stay within the limits of law and delegated authority.” Law professor Jonathan H. Adler has this essay online at The New York Times.

Posted at 8:14 AM by Howard Bashman



“$18,000 in tuition and 1,200 hours of study for a license to braid hair? New Jersey lawmakers say no.” Jan Hefler has this article in today’s edition of The Philadelphia Inquirer.

Posted at 8:12 AM by Howard Bashman



“Why are juvenile lifers from Philly getting radically different sentences from those in the rest of Pennsylvania?” Samantha Melamed has this front page article in today’s edition of The Philadelphia Inquirer.

Posted at 8:07 AM by Howard Bashman



Sunday, July 15, 2018

“Georgia Court Of Appeals establishes ‘Mullet Doctrine'”: Charlie Harper has this essay online at The Columbus (Ga.) Ledger-Enquirer.

Posted at 11:23 PM by Howard Bashman



Just your typical Sunday night Fifth Circuit decision quashing a subpoena against the Texas Conference of Catholic Bishops in Whole Woman’s Health v. Smith: You can access this evening’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, in which each of the three judges on the panel wrote separately, at this link.

At issue in this particular discovery dispute is a Texas requirement governing the disposal of fetal remains. Circuit Judge James C. Ho issued another provocative concurring opinion.

Posted at 9:48 PM by Howard Bashman



“Can a woman find her way onto the all male Iowa Supreme Court? This time, likely yes; With the three finalists for the open supreme court spot being women, the ‘elephant in the room’ may finally be addressed.” Trish Mehaffey has this front page article in today’s edition of The Gazette of Cedar Rapids, Iowa.

Posted at 7:56 PM by Howard Bashman



“India on brink of biggest gay rights victory as Supreme Court prepares to rule on gay sex ban; Landmark ruling will have far-reaching and direct implications for other Commonwealth nations that still outlaw homosexuality”: Adam Withnall of The Independent (UK) has this report.

Posted at 7:52 PM by Howard Bashman