How Appealing



Thursday, January 10, 2019

“Supreme Court has placed limits on presidential emergency powers, but that may not stop Trump”: David G. Savage of The Los Angeles Times has this report.

Posted at 9:08 PM by Howard Bashman



“Groups file lawsuit seeking to void laws passed during Wisconsin’s lame-duck session”: Molly Beck of The Milwaukee Journal Sentinel has this report.

Posted at 5:44 PM by Howard Bashman



“Brett Kavanaugh can use this case before SCOTUS to kill Roe v. Wade; Reproductive choice is on life support, and five Republican men hold the plug”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 5:42 PM by Howard Bashman



“I Am Pro-Life. Don’t Call Me Anti-Abortion. That kind of language allows critics to dismiss me and fellow pro-lifers as single-issue obsessives.” Charles C. Camosy has this op-ed in today’s edition of The New York Times.

Posted at 5:40 PM by Howard Bashman



“Lawyers wrangle in federal court over Planned Parenthood request for abortion clinic license”: Tyler Bridges of The New Orleans Advocate has this report.

Kevin McGill of The Associated Press reports that “US appeals court hears New Orleans abortion case.”

And Sabrina Canfield of Courthouse News Service reports that “5th Circuit Hears Planned Parenthood’s License Appeal.”

You can access at this link the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

The three-judge panel assigned to hear and decide this case consists of Circuit Judges Jennifer Walker Elrod and James C. Ho and Senior Circuit Judge Patrick E. Higginbotham. An earlier abortion-related appeal in which Judge Ho participated drew some attention, including from this blog.

Posted at 5:33 PM by Howard Bashman



“Graham meets with White House on controversial judicial picks, including Thomas Farr”: Emma Dumain and Brian Murphy of The News & Observer of Raleigh, North Carolina has an article that begins, “New Senate Judiciary Committee Chairman Lindsey Graham met for the first time this year with White House officials on Thursday to discuss the fate of judicial nominees that languished in the previous Congress. That list included Thomas Farr.”

Posted at 5:16 PM by Howard Bashman



“Trump’s border wall would need private property, but Texas landowners plan to dig in for lengthy legal fight”: Katie Zezima and Mark Berman of The Washington Post have this report.

Posted at 5:00 PM by Howard Bashman



“Trump White House urging allies to prepare for possible RBG departure; After an ailing Supreme Court Justice Ruth Bader Ginsburg missed oral arguments, the Trump team began early groundwork for another potential confirmation battle”: Eliana Johnson and Gabby Orr of Politico have this report.

Posted at 4:52 PM by Howard Bashman



Wednesday, January 9, 2019

“Heterosexual Woman Tries to Revive Sex Orientation Bias Claims”: Robert Iafolla of Bloomberg Law has a report (subscription required for full access) that begins, “A heterosexual woman will try to convince a federal appeals court that she can sue her former employer for sexual orientation discrimination, adding a new element to the already-simmering legal debate over LGBT rights in the workplace.”

You can access via this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

Posted at 11:34 PM by Howard Bashman



“McCormack chosen to lead Michigan Supreme Court”: Nolan Finley of The Detroit News has an article that begins, “Women completed their sweep of Michigan’s top state offices Wednesday with the election of Bridget McCormack as chief justice of the Michigan Supreme Court.”

Posted at 11:17 PM by Howard Bashman



“Supreme Court Weighs Core Questions of Precedent and States’ Rights”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court considers whether predecessors made a mistake 40 years ago.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Reexamines Touchy Question of State Sovereignty; Case on using one state’s courts to sue another state opens broader discussion on when precedents should be allowed to stand.” And in commentary, today’s edition of that newspaper contains an editorial titled “A California-Nevada Tax Brawl; The Supreme Court gets another chance on state sovereign immunity.”

Richard Wolf of USA Today has an article headlined “Can a state be hauled into another state’s courts? Supreme Court tries to decide.”

Tim Ryan of Courthouse News Service reports that “High Court Weighs Extent of State Sovereignty.”

And at “SCOTUSblog,” Mark Walsh has a post titled “A ‘view’ from the courtroom: Comity Central.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Franchise Tax Bd. of Cal. v. Hyatt, No. 17-1299.

Posted at 11:03 PM by Howard Bashman



Programming note: The 2019 Appellate Judges Education Institute Summit will take place in Washington, DC this November. I remain on that organization’s Education Committee, which decides on the programming for the Summit. This evening and tomorrow morning, the Education Committee will be meeting in Washington, DC to agree on a list of programs for this year’s Summit. Because I will be in transit to the meeting this afternoon, additional posts will not appear here until tonight.

As always while I’m traveling, more frequent appellate-related tweets will likely appear on this blog’s Twitter feed.

Posted at 12:42 PM by Howard Bashman



“Which Supreme Court Cases Are Generating the Most Interest?” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 12:35 PM by Howard Bashman



“The Third Circuit’s courthouse should be renamed for Becker or Hastie”: Matthew Stiegler has this post at his “CA3blog.”

Two quick comments, neither of which pertains to the merits of this proposal. First, the Third Circuit doesn’t have its own courthouse. Rather, its headquarters are located in a courthouse that also contains the headquarters of the U.S. District Court for the Eastern District of Pennsylvania, which court is the building’s largest tenant if one counts numbers of floors occupied. And second, the naming or renaming of a federal courthouse requires legislation (see, e.g., here and here).

Posted at 11:00 AM by Howard Bashman



“Appeals court issues final ruling allowing DOE’s termination of MOX project”: Larry Taylor has this article in today’s edition of The Augusta (Ga.) Chronicle.

And Barbara Grzincic of Reuters has a report headlined “South Carolina cannot sue over shutdown of nuclear fuel recycling plant — 4th Circ.” (subscription required for full access).

You can access yesterday’s ruling of the U.S. Court of Appeals for the Fourth Circuit in South Carolina v. United States at this link.

Posted at 10:33 AM by Howard Bashman



Tuesday, January 8, 2019

“Why Men Find the New Congresswomen So Frightening: Reps. Alexandria Ocasio-Cortez and Rashida Tlaib aren’t just radicals — they also have institutional power.” Online at Slate, Dahlia Lithwick has an essay that begins, “There’s an extraordinary scene in the new Ruth Bader Ginsburg biopic, On the Basis of Sex, in which crusading civil rights attorney Ginsburg takes her rebellious teenage daughter Jane to a rundown street somewhere in Manhattan sometime in the ’70s to meet with civil rights attorney Dorothy Kenyon . . . .”

Posted at 5:00 PM by Howard Bashman



“Supreme Court Stays Out of Secret Case That May Be Part of Mueller Probe”: Adam Liptak of The New York Times has this report.

And Robert Barnes, Devlin Barrett, and Carol D. Leonnig of The Washington Post report that “Supreme Court rules against mystery corporation from ‘Country A’ fighting subpoena in Mueller investigation.”

You can access today’s order of the U.S. Supreme Court at this link.

Update: The D.C. Circuit this afternoon issued this redacted opinion setting forth the reasons why that court affirmed the contempt order that is now the subject of challenge before the U.S. Supreme Court.

Posted at 3:38 PM by Howard Bashman



Unanimous Ninth Circuit panel holds that federal statute prohibiting the possession of firearms by an alien unlawfully present in the United States withstands constitutional scrutiny and is a valid exercise of Congress’s authority: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The panel reached that holding despite assuming that the Second Amendment affords rights to unlawful aliens. A footnote to the listing of the judges who decided the appeal notes that former Ninth Circuit Judge Alex Kozinski was originally a member of the three-judge panel that heard oral argument of the appeal. You can view the oral argument, which occurred December 12, 2016, on YouTube via this link.

Posted at 2:42 PM by Howard Bashman



“In His First Supreme Court Opinion, Justice Brett Kavanaugh Favors Arbitration”: Adam Liptak of The New York Times has this report.

Richard Wolf of USA Today reports that “Brett Kavanaugh issues first Supreme Court opinion, in unanimous arbitration case.”

Alex Swoyer of The Washington Times reports that “Justice Kavanaugh writes first opinion; case deals with arbitration.”

And Lydia Wheeler of The Hill reports that “Kavanaugh issues first opinion at Supreme Court.”

Posted at 1:52 PM by Howard Bashman



“Justice Kavanaugh will soon reveal his willingness to take on abortion cases”: Paige Winfield Cunningham of The Washington Post has this report.

Posted at 1:42 PM by Howard Bashman