How Appealing



Monday, January 21, 2019

“Electoral College debate heads to Washington’s Supreme Court; Three Washington Democrats will explain Tuesday to the state Supreme Court why they voted against their party’s presidential nominee in the 2016 election”: Paige Browning of KUOW Radio in Seattle has this report.

According to the article, “Harvard professor Lawrence Lessig, is asking the court to overturn the fines and allow electors to vote as they choose..”

Posted at 1:42 PM by Howard Bashman



“‘Fox & Friends’ accidentally shows graphic saying Ruth Bader Ginsburg is dead”: Avery Anapol of The Hill has this report. You can view the video via this link.

Ella Torres of The New York Daily News reports that “‘Fox & Friends’ apologizes for graphic mistakenly stating that Supreme Court Justice Ruth Bader Ginsburg is dead.”

And Rebecca Rubin of Variety reports that “Fox News Apologizes for Airing Graphic Implying Ruth Bader Ginsburg Has Died.”

Posted at 1:27 PM by Howard Bashman



“Poor stay in jail while rich go free: Rethinking cash bail in Wisconsin; Across the country, poor defendants can spend days, weeks — even years — behind bars awaiting trial, an approach that judges increasingly find is unconstitutional.” Emily Hamer and Sheila Terman Cohen have this article online at the Wisconsin Center for Investigative Journalism.

And Sheila Terman Cohen also has a related article online there headlined “Bail bond industry fights back against moves to limit or end cash bail; Wisconsin is one of just a handful of states that ban bail bonding, barring companies from profiting from people too poor to pay their way out of jail.”

Posted at 8:30 AM by Howard Bashman



“Trademark Fight Over Vulgar Term’s ‘Phonetic Twin’ Heads to Supreme Court”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:24 AM by Howard Bashman



Sunday, January 20, 2019

“Arizona Supreme Court to hear arguments Tuesday against anti-discrimination law”: Howard Fischer of The Arizona Daily Star has an article that begins, “The Arizona Supreme Court court is poised to decide exactly how far business owners can go in refusing to serve customers because of their sexual orientation.”

Posted at 10:16 PM by Howard Bashman



“Fate of Confederate Monuments Stalled by Competing Legal Battles”: Alan Blinder and Audra D.S. Burch of The New York Times have this report.

Posted at 7:08 PM by Howard Bashman



“The Constitution Is Alive, No Matter What Trump Does; The 230-year-old document fits America’s modern democracy because it has evolved to do so”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:48 AM by Howard Bashman



“No rehearing for Louisiana abortion law”: Kevin McGill of The Associated Press has a report that beigns, “A divided federal appeals court has refused to reconsider a decision upholding Louisiana’s law requiring that abortion providers have admitting privileges at nearby hospitals, despite a dissenting judge’s insistence that the decision is in ‘clear conflict’ with a Supreme Court decision striking down a similar Texas law.”

You can access Friday’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc, and the dissents therefrom, at this link.

Posted at 10:45 AM by Howard Bashman



Saturday, January 19, 2019

“D.C. Circuit Review — Reviewed: 20 Thoughts for a Snowy Day.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 1:04 PM by Howard Bashman



“Why Ruth Bader Ginsburg Didn’t Retire During Obama’s Presidency; It’s not just because no one anticipated Trump’s win”: Slate has posted online this transcript of a recent podcast featuring Dahlia Lithwick.

Posted at 1:00 PM by Howard Bashman



“Mainstream Ideas, Fringe Opposition: A judicial nominee comes under fire for undergraduate writings on sexual assault — though her views from 25 years ago are consistent with today’s statutes and rulings.” KC Johnson has this essay online at City Journal.

Posted at 12:58 PM by Howard Bashman



Friday, January 18, 2019

“UNC Defends Admissions Policies in Suit Alleging Unfair Racial Preferences; Group suing Chapel Hill clashes with school over how much race matters in admissions”: Melissa Korn and Nicole Hong of The Wall Street Journal have this report.

Posted at 9:24 PM by Howard Bashman



“Herrera v. Wyoming: A Cautionary Encounter with Careless Repudiation.” Daniel B. Rice and Jack Boeglin have this guest post at “Balkinization.”

Posted at 9:05 PM by Howard Bashman



“Federal Courts, Running Out of Money, Brace for Shutdown’s Pain”: Thomas Kaplan of The New York Times has this report.

According to the article, “In the United States Court of Appeals for the Ninth Circuit, which covers much of the West, one idea being considered is to close the appellate courthouses to the public for one weekday per week and furlough employees that day.”

Posted at 5:54 PM by Howard Bashman



“The Harvard Federalist Society is hosting a discussion between Judge Jeffrey Sutton of the Sixth Circuit and Professor Laurence Tribe about State Constitutional Law and individual rights.” This event happened yesterday, and you can view the video on Facebook via this link.

Posted at 8:06 AM by Howard Bashman



Thursday, January 17, 2019

“President Trump Directed His Attorney To Lie To Congress About The Moscow Tower Project; Trump received 10 personal updates from Michael Cohen and encouraged a planned meeting with Vladimir Putin”: Jason Leopold and Anthony Cormier of BuzzFeed News have this report.

Posted at 11:00 PM by Howard Bashman



“U.S. Supreme Court Justice Clarence Thomas will teach short course at Creighton”: Rick Ruggles of The Omaha World-Herald has this report.

Posted at 10:55 PM by Howard Bashman



“U.S. appeals court hands Texas victory in Planned Parenthood case”: Chuck Lindell of The Austin American-Statesman has this report.

Andrea Zelinski of The Houston Chronicle reports that “5th Circuit gives Texas a win against Planned Parenthood.”

Tom Steele of The Dallas Morning News reports that “Appeals court overturns judge’s ruling that blocked Texas from ousting Planned Parenthood from Medicaid.”

And Emma Platoff of The Texas Tribune reports that “Federal appeals court lifts order blocking Texas from kicking Planned Parenthood out of Medicaid; Texas moved to exclude Planned Parenthood from Medicaid years ago after a highly-edited video from an anti-abortion group suggested abortion providers sold fetal tissue.”

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

Posted at 9:50 PM by Howard Bashman



“Kamala Harris Was Not a ‘Progressive Prosecutor’; The senator was often on the wrong side of history when she served as California’s attorney general”: Law professor Lara Bazelon has this essay online at The New York Times.

Posted at 9:30 PM by Howard Bashman



“The Kind of Judge We Need: Patricia Wald was not an ambitious careerist but a lawyer who had lived a full life before joining the federal bench.” Linda Greenhouse has this essay online at The New York Times.

Posted at 8:14 PM by Howard Bashman



“As AG nominee Barr commits to defend FCA, Utah hospital asks SCOTUS to review its constitutionality”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 7:50 PM by Howard Bashman



“The Bill of Rights Has First-Class and Coach Tickets”: At “PrawfsBlawg,” Gerard Magliocca has a post that begins, “Several judges are complaining that the Second Amendment right recognized in Heller is being given inadequate respect. A notable opinion on this point that is getting a lot of attention is a dissent by Judge Bibas in the Third Circuit.”

Posted at 2:03 PM by Howard Bashman