How Appealing



Tuesday, September 11, 2018

“Appeals Court Tosses Lawsuit Arguing Trump Incited Violence at Rally; Ruling says the presidential candidate’s remarks ‘get ’em out,’ didn’t advocate ‘imminent lawless action'”: Brent Kendall of The Wall Street Journal has this report.

Matthew Glowicki of The Louisville Courier Journal reports that “Trump’s speech at Louisville rally didn’t incite violence, court rules.”

Josh Gerstein of Politico reports that “Court hands Trump victory in lawsuit by campaign rally protesters.”

And Zoe Tillman of BuzzFeed News reports that “Trump Didn’t Incite A Riot When He Said ‘Get ‘Em Out Of Here’ At A Rally And Protesters Were Hurt, A Court Ruled.”

My earlier coverage of today’s Sixth Circuit ruling can be accessed here.

Posted at 10:58 PM by Howard Bashman



“Appeals court asked to reconsider Pensacola cross removal”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “The federal appeals court in Atlanta is being asked to overturn a 35-year-old precedent that ordered a 70-foot-tall cross be removed from Black Rock Mountain State Park in Rabun County because it violated the establishment clause.”

And Jim Little of The Pensacola News Journal reports that “Ron DeSantis implies Pensacola Bayview Park cross ruling is ‘judicial activism.’

Posted at 10:50 PM by Howard Bashman



“At Contentious Grassley Town Hall, Iowans Split Over Supreme Court Nominee”: Katarina Sostaric of Iowa Public Radio has this report.

Posted at 10:35 PM by Howard Bashman



“USPTO Files Petition for Writ of Certiorari in Brunetti ‘FUCT’ Case”: John L. Welch has this post at his “The TTABlog.”

Posted at 10:32 PM by Howard Bashman



“At 36, North Carolina native picked by Trump for lifetime appointment”: Brian Murphy of McClatchy DC has an article that begins, “Allison Jones Rushing’s resume is sparkling — graduated with honors from Wake Forest and Duke Law School, clerked for Neil Gorsuch before he became a Supreme Court justice and Clarence Thomas while he was on the high court, joined a high-powered D.C. law firm, earned several distinctions for her work. Now the 36-year-old Rushing is up for a more prestigious and long-lasting position: judge on the 4th U.S. Circuit Court of Appeals.”

Posted at 10:28 PM by Howard Bashman



“Progressive groups ratchet up pressure on Sen. Collins to vote against Kavanaugh nomination; She finds herself in the crosshairs of social media campaigns, a series of rallies and a fundraising drive to bankroll a 2020 Democratic challenger if she votes to confirm the Supreme Court nominee”: Joe Lawlor has this front page article in today’s edition of The Portland (Me.) Press Herald.

And Nic Garcia of The Denver Post reports that “Sen. Michael Bennet will oppose President Trump’s pick for Supreme Court; Sen. Cory Gardner will vote for nominee Brett Kavanaugh.”

Posted at 9:44 PM by Howard Bashman



“The Kavanaugh Confirmation Hearing Was A Perfect Encapsulation Of 2018: We didn’t learn much about Judge Brett Kavanaugh last week, but we did see Republicans unified to get him on the Supreme Court before the midterm elections — and Democrats fighting on many fronts.” Chris Geidner of BuzzFeed News has this report.

Posted at 9:27 PM by Howard Bashman



“WV Senate rejects plea deal, motions to dismiss articles of impeachment”: Lacie Pierson of The Charleston (W. Va.) Gazette-Mail has an article that begins, “The West Virginia Senate on Tuesday killed a plea deal for Chief Justice Margaret Workman and Justice Beth Walker, setting the stage for four separate state Supreme Court impeachment trials before the end of the year. In addition to rejecting the deal, the Senate also rejected a motion to dismiss articles of impeachment against retired Justice Robin Davis in a 19-15 vote.”

And Emily Ruchalski of ABC News has a report headlined “Every justice on the West Virginia Supreme Court is facing impeachment or has resigned. What to know about the unprecedented trial that begins today.”

Posted at 9:05 PM by Howard Bashman



“Defending Ruth Bader Ginsburg, and Other Distractions, at the Kavanaugh Hearings”: Amy Davidson Sorkin has this post online at The New Yorker.

Posted at 3:21 PM by Howard Bashman



“‘Reversing Roe’ Trailer Explores the Politicization of the Abortion Debate; The Netflix doc, which debuted at Telluride, is helmed by Ricki Stern and Annie Sundberg”: Rebecca Ford of The Hollywood Reporter has this report about a documentary film that will begin streaming on Netflix this Thursday.

Netflix has posted the film’s trailer on YouTube at this link.

Posted at 10:32 AM by Howard Bashman



“Lawmakers take up bill to limit nationwide injunctions against Trump administration”: Alex Swoyer of The Washington Times has an article that begins, “The House Judiciary Committee will consider legislation this week to rein in the use of nationwide injunctions issued by federal district courts, pushing back against a practice increasingly used against the Trump administration.”

And at “PrawfsBlawg,” Howard Wasserman has a post titled “Injunction Authority Clarification Act of 2018.”

Yesterday, the U.S. House Judiciary Committee posted online a news release titled “Goodlatte Introduces the Injunctive Authority Clarification Act of 2018.” The text of the proposed law can be accessed here.

Posted at 9:57 AM by Howard Bashman



“Appeals court says Missouri campaign finance law violates 1st Amendment”: Kurt Erickson of The St. Louis Post-Dispatch has this report.

Summer Ballentine of The Associated Press has a report headlined “Federal judges: Missouri PAC donation ban unconstitutional.”

And Jason Rosenbaum of St. Louis Public Radio reports that “Court affirms major blow to Missouri amendment restricting campaign donations.”

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

Posted at 9:46 AM by Howard Bashman



“The Handmaid’s Court: Jane Doe may have been the first pregnant girl Brett Kavanaugh ruled against; But she won’t be the last.” Columnist Michelle Goldberg has this op-ed in today’s edition of The New York Times.

Posted at 9:30 AM by Howard Bashman