How Appealing

Tuesday, August 7, 2018

“California felony-murder law challenge backed by US court”: Bob Egelko of The San Francisco Chronicle has an article that begins, “A federal appeals court cleared the way Monday for a constitutional challenge to California’s broad felony-murder law, which classifies unintentional killings during the commission of an ‘inherently dangerous’ felony as second-degree murder, punishable by up to life in prison.”

My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.

Posted at 11:10 PM by Howard Bashman

“U.S. appeals court wrestles with lawsuit to block border projects in California”: Maura Dolan of The Los Angeles Times has an article that begins, “A federal appeals court appeared uncertain Tuesday whether it had authority to weigh in on a dispute about the Trump administration’s plans to replace border fencing in California.”

And Lee Ross of Fox News reports that “Trump’s proposed border wall sees new courtroom scrutiny.”

The U.S. Court of Appeals for the Ninth Circuit has posted the video of today’s oral argument on YouTube at this link.

Posted at 11:05 PM by Howard Bashman

“Food retailers ask U.S. Supreme Court to intervene in Argus Leader lawsuit”: Jonathan Ellis of The Sioux Falls Argus Leader has an article that begins, “On a day in which the nation was on the verge of seeing where tens of billions of dollars in taxpayer money is spent in the federal food stamp program, an industry group that represents food retailers made a last-minute plea to the U.S. Supreme Court on Tuesday to stop the information from being made public.”

Posted at 10:54 PM by Howard Bashman

“Lake Michigan beach access and ownership issues likely to be appealed to U.S. Supreme Court”: Dan Carden of The Times of Munster, Indiana has this report.

Posted at 10:44 PM by Howard Bashman

“WV House committee approves 14 articles of impeachment against justices”: Lacie Pierson of The Charleston (W. Va.) Gazette-Mail has an article that begins, “The West Virginia House Judiciary Committee approved 14 articles of impeachment against the four sitting justices of the West Virginia Supreme Court of Appeals on Tuesday.”

According to the report, “The articles of impeachment charge Chief Justice Margaret Workman and Justices Robin Davis, Allen Loughry and Beth Walker with maladministration, corruption, incompetency, neglect of duty and certain high crimes.”

Posted at 10:40 PM by Howard Bashman

“Sleeper Iowa Supreme Court ruling undermines constitutional protections”: Laura Belin has this post at the “Bleeding Heartland” blog about a 5-to-2 ruling that the Supreme Court of Iowa issued in late June.

Iowa’s highest court was addressing a question of first impression — “Can a defendant raise a defense of qualified immunity to an individual’s claim for damages for violation of * * * the Iowa Constitution?” According to an email that I received from the author of this blog post, “Work by Professor John Jeffries influenced Justice Edward Mansfield, who wrote the majority opinion. Work by Professors William Baude and Joanna Schwartz influenced Justice Brent Appel, who wrote the dissent.”

Posted at 10:25 PM by Howard Bashman

“Corpus Linguistics and the Second Amendment: Big Data rekindles the debate over the original meaning of the Second Amendment.” Josh Blackman and James C. Phillips have this post at the Harvard Law Review Blog.

Posted at 8:30 PM by Howard Bashman

“S.D. Wins U.S. Supreme Court Tax Case, But State Courts Still Involved”: Victoria Wicks of South Dakota Public Broadcasting has this report.

Posted at 1:42 PM by Howard Bashman

“California challenges border wall at appeals court”: Brian Melley of The Associated Press has a report that begins, “A federal appeals court will hear arguments Tuesday by the state of California and advocacy groups who contend the Trump administration overreached by waiving environmental reviews to speed construction of the president’s prized border wall with Mexico.”

Posted at 1:40 PM by Howard Bashman

In at least one recently decided case, the Ninth Circuit appears to have reconsidered its policy of allowing a deceased judge to cast the deciding vote on the outcome of an appeal: You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.

Back on July 24, 2018, when the Ninth Circuit issued this decision in which a judge who had then been deceased for almost four months cast the deciding vote, I had this post about that ruling.

Posted at 1:34 PM by Howard Bashman

“Federal court: Mother of Mexican teen shot through border fence can sue U.S. government.” Howard Fischer of The Arizona Daily Star has an article that begins, “A federal appeals court this morning ruled the mother of a teen shot by a Border Patrol agent through the fence has a legal right to sue him and the federal government in U.S. courts for damages.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 1:22 PM by Howard Bashman