How Appealing

Wednesday, December 5, 2018

“Supreme Court takes up closely watched double jeopardy case”: Mark Sherman of The Associated Press has this report.

Thursday’s edition of The Wall Street Journal will contain an editorial titled “A Supreme Court Gamble: A potential landmark case on state and federal double jeopardy.”

And online at The Atlantic, law professor Garrett Epps has an essay titled “There’s an Exception to the Double-Jeopardy Rule: The Supreme Court will hear a challenge to the ‘separate sovereigns’ doctrine in Gamble v. United States.”

Posted at 10:22 PM by Howard Bashman

“Dual Sovereign Doctrine Under Attack in the Supreme Court; Strong originalist arguments exist for overruling the dual sovereign doctrine in a case being argued before the Supreme Court”: Paul Cassell has this post at “The Volokh Conspiracy.” The oral argument of the case has been postponed to tomorrow.

Posted at 4:40 PM by Howard Bashman

“New Jersey can enforce gun ammunition limit: U.S. appeals court.” Jonathan Stempel of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.

The dissenting opinion of Circuit Judge Stephanos Bibas begins:

The Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights, as the Supreme Court insisted in Heller. We may not water it down and balance it away based on our own sense of wise policy. 554 U.S. at 634-35

You can access the dissenting opinion directly at this link.

Posted at 4:34 PM by Howard Bashman

“Shareholders to SCOTUS: Don’t meddle with private right to sue over M&A disclosures.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 2:44 PM by Howard Bashman