How Appealing

Monday, February 25, 2019

“Louisiana Supreme Court likely to consider question of split-jury law’s constitutionality”: Gordon Russell of The Advocate of Baton Rouge, Louisiana has an article that begins, “When Louisiana voters jettisoned a 120-year relic of the Jim Crow era by voting in November to require unanimous jury verdicts in serious felony trials, they went where courts have long refused to tread.”

Posted at 10:28 PM by Howard Bashman

“Students are lining up 48 hours ahead of Supreme Court arguments. They can’t say how much they’re being paid.” Tucker Higgins of CNBC has this report.

Posted at 10:20 PM by Howard Bashman

“In Bladensburg Peace Cross case, Supreme Court’s Elena Kagan could have pivotal role”: Robert Barnes of The Washington Post has this report.

Posted at 10:14 PM by Howard Bashman

“Republican senator has concerns about Trump’s DC Circuit Court of Appeals nominee”: Elizabeth Landers and Ariane de Vogue of CNN have this report.

Gregg Re of Fox News reports that “Conservatives defend Trump DC Circuit pick Neomi Rao, after GOP Sen. Hawley raises abortion concerns.”

Chuck Raasch of The St. Louis Post-Dispatch reports that “Hawley facing conservative group’s ad barrage over possible opposition to Trump judicial nominee.”

Gabby Orr of Politico reports that “Conservative group launches ad campaign to save Trump’s D.C. court pick; Neomi Rao’s path to confirmation has become increasingly uncertain due to new concerns over her record on abortion.”

And Tuesday’s edition of The Wall Street Journal will contain an editorial titled “Josh Hawley’s Bad Judgment: The GOP freshman joins the left in trashing Neomi Rao.”

Posted at 10:04 PM by Howard Bashman

“The Jail Health-Care Crisis: The opioid epidemic and other public-health emergencies are being aggravated by failings in the criminal-justice system.” Steve Coll has this article in the March 4, 2019 issue of The New Yorker.

Posted at 9:50 PM by Howard Bashman

“Judges are ‘appointed for life, not for eternity,’ Supreme Court rules”: Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court overturns 9th Circuit equal-pay decision because of judge’s death.”

Brent Kendall of The Wall Street Journal has an article headlined “‘Appointed for Life, Not for Eternity’: Supreme Court Voids Deceased Judge’s Vote; Federal appeals judge died in 2018 before his authored ruling in a gender-pay case.”

Richard Wolf of USA Today reports that “Supreme Court vacates appeals court gender-neutral pay ruling written by a deceased judge.”

Alex Swoyer of The Washington Times has an article headlined “Supreme Court: Dead judges can’t issue rulings.”

Bob Egelko of The San Francisco Chronicle reports that “Supreme Court tosses California equal-pay case, saying ruling died with judge.”

Jessica Gresko of The Associated Press has a report headlined “Supreme Court: Judges can’t rule from beyond the grave.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court nixes equal pay ruling due to judge’s death.”

Greg Stohr of Bloomberg News reports that “Dead Judge’s Vote Shouldn’t Have Counted, Supreme Court Rules.”

Pete Williams of NBC News reports that “Supreme Court rules judges might serve for life, but not eternity; In order for a vote to count, a judge must be actively serving on the court when a ruling is rendered, the Supreme Court said.”

Bill Mears of Fox News reports that “Supreme Court says vote of dead ‘progressive icon’ judge does not count.”

Lydia Wheeler of The Hill reports that “Supreme Court tosses equal pay ruling released after judge’s death.”

Barbara Leonard of Courthouse News Service reports that “Justices Chastise 9th Circuit for Counting Dead Judge in Majority.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Supreme Court Sidesteps Equal Pay Case Involving School Administrator.”

Posted at 9:44 PM by Howard Bashman

“Amid Record-Breaking Consensus the Justices’ Divisions Still Run Deep”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 9:18 PM by Howard Bashman

Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.

And in Yovino v. Rizo, No. 18–272, the Court issued a per curiam opinion to address the question “May a federal court count the vote of a judge who dies before the decision is issued?” The Court unanimously answered “no,” with Justice Sonia Sotomayor concurring in the judgment without separate opinion. This outcome is the result that the “How Appealing” blog has been arguing in favor of for quite some time now.

Posted at 9:32 AM by Howard Bashman

“Wither the Establishment Clause: The Bladensburg Cross Case”: Robert W. Tuttle and Ira C. Lupu have this post at the “Take Care” blog.

Posted at 9:18 AM by Howard Bashman