How Appealing



Tuesday, March 26, 2019

“Trump’s Twitter habits are affecting how local politicians behave online”: Ann E. Marimow has this article in today’s edition of The Washington Post.

Posted at 11:12 AM by Howard Bashman



“Unanimous Juries and Incorporation of the Bill of Rights: Unanimous juries (like the ban on excessive fines) might be an easy case; but at some point we will need a theory.” Will Baude has this post at “The Volokh Conspiracy.”

Posted at 11:02 AM by Howard Bashman



“Trump Officials Broaden Attack on Health Law, Arguing Courts Should Reject All of It”: Robert Pear has this article in today’s edition of The New York Times.

Isaac Stanley-Becker of The Washington Post reports that “Trump administration asks court to completely invalidate Obama’s Affordable Care Act.”

Ken Alltucker and Brad Heath of USA Today have an article headlined “The end for Obamacare? Trump administration says it will ask a court to throw out entire health law.”

Tom Howell Jr. of The Washington Times reports that “Justice Department escalates fight against Obamacare with unconstitutional determination.”

Scott Malone of Reuters reports that “Trump doubles down on Obamacare fight, asks court to overturn law.”

Sahil Kapur of Bloomberg News reports that “Trump Asks Courts to Erase Obamacare in Risky 2020 Election Move.”

Ariane de Vogue and Tami Luhby of CNN report that “Trump administration now says entire Affordable Care Act should be struck down.” And Chris Cillizza of CNN has a news analysis headlined “Donald Trump just made sure health care will decide the 2020 election.”

Allan Smith of NBC News has an article headlined “‘All-out war’ on health care: Trump admin, Dems resume fight over ObamacareThe Trump administration backs striking the law as House Democrats unveil legislation to shore it up.”

Lukas Mikelionis of Fox News reports that “Trump administration backs total overturn of Obamacare, will support states challenging the law.”

Dan Diamond of Politico reports that “In shift, Trump administration backs judge’s ruling that would kill Obamacare.”

Jonathan Cohn of HuffPost reports that “Now Trump Wants Judges To Throw Out The Entire Affordable Care Act; Previously the administration said it would be fine to leave some of the law in place.”

Peter Sullivan of The Hill reports that “Justice Department sides with court ruling ObamaCare invalid.”

Dylan Scott of Vox reports that “The Trump administration wants all of Obamacare overturned by the courts; DOJ is escalating its legal assault against the health care law, arguing the whole statute is unconstitutional.”

On today’s broadcast of NPR’s “Morning Edition,” David Greene and Alison Kodjak had an audio segment titled “Trump Administration Moves Forward In Attempt To Invalidate Affordable Care Act.”

And in commentary, online at ThinkProgress, Ian Millhiser has an essay titled “Trump Justice Department sides with court ruling that would invalidate the Affordable Care Act.”

Posted at 11:00 AM by Howard Bashman



“Steinle parents can’t sue SF for refusal to tell immigrant officials of shooter’s release”: Bob Egelko of The San Francisco Chronicle has this report.

Maura Dolan of The Los Angeles Times has an article headlined “Kate Steinle case: Dismissal of parents’ suit against San Francisco is upheld.”

Christina Maxouris of CNN reports that “Kate Steinle’s parents can’t sue ‘sanctuary city’ for failing to tell ICE about shooter’s release.”

And Richard Gonzales of NPR reports that “Appeals Court Says Parents Can’t Sue San Francisco Over Immigrant Who Killed Daughter.”

My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.

Posted at 10:32 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Sturgeon v. Frost, No. 17-949. Justice Sonia Sotomayor issued a concurring opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

2. And Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Republic of Sudan v. Harrison, No. 16-1094. Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



Monday, March 25, 2019

“Emulex shareholders to SCOTUS: Our right to sue is not at issue in this case.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:42 PM by Howard Bashman



“Lawyer ‘Rackets’ Spur Judges to Nix More Cozy Class-Action Deals”: Edvard Pettersson of Bloomberg News has this report.

Posted at 9:38 PM by Howard Bashman



“A ‘view’ from the courtroom: From the Federal Register to the Stanley Cup.” Mark Walsh has this post at “SCOTUSblog.”

Posted at 7:33 PM by Howard Bashman



“Candidates each raise more than $1 million since Wisconsin Supreme Court race began”: Molly Beck of The Milwaukee Journal Sentinel has this report.

Posted at 7:15 PM by Howard Bashman



“Ninth Circuit Weighs City Liability in SF Pier Shooting”: Back in November 2018, Nicholas Iovino of Courthouse News Service had an article that begins, “A Ninth Circuit judge suggested Thursday that the family of a 32-year-old woman shot dead on a San Francisco pier might get a second chance to hold the city liable for not helping immigration police deport her suspected killer.”

Today, however, the U.S. Court of Appeals for the Ninth Circuit issued this decision affirming the dismissal of a general negligence claim against San Francisco brought by the parents of Kathryn Steinle, the victim of the shooting.

Posted at 1:42 PM by Howard Bashman



“Democratic Candidates Urged to Back Supreme Court Overhaul; Proposals could be risky after GOP base was energized by court fights in 2016, 2018 elections”: Joshua Jamerson of The Wall Street Journal has this report.

Posted at 1:24 PM by Howard Bashman



“Supreme Court Won’t Hear Company’s Appeal in Mueller Subpoena Case”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court won’t hear appeal from company resisting Mueller subpoena.”

Alex Swoyer of The Washington Times reports that “Supreme Court denies appeal in mystery Mueller grand jury case.”

Lawrence Hurley of Reuters reports that “U.S. top court rebuffs mystery company in Mueller subpoena fight.”

Greg Stohr of Bloomberg News reports that “Mystery Company in Mueller Subpoena Fight Loses at Supreme Court.”

Ariane de Vogue of CNN reports that “Supreme Court rejects foreign company’s bid to review Mueller subpoena.”

Lydia Wheeler of The Hill reports that “Supreme Court refuses to hear mystery grand jury fight.”

And Katie Galioto of Politico reports that “Mystery firm fighting Mueller won’t get Supreme Court appeal; The battle has been one of the more enigmatic subplots of Mueller’s just-concluded probe.”

Posted at 1:18 PM by Howard Bashman



“Four Law School alumni to clerk on Supreme Court next term; Graduates continue 47-year streak; overall clerkship numbers continue record growth”: Becky Beaupre Gillespie of UChicago News has this report.

Posted at 1:00 PM by Howard Bashman



“In ‘The Chief,’ An Enigmatic, Conservative John Roberts Walks A Political Tightrope”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 10:54 AM by Howard Bashman



“At Supreme Court, Racial Justice an Elusive Goal”: Kenneth Jost has this post at his blog, “Jost on Justice.”

Posted at 8:04 AM by Howard Bashman



“Will the Supreme Court End Gerrymandering? Arguments Begin This Week.” Michael Wines of The New York Times has this report.

Pete Williams of NBC News reports that “Supreme Court to hear gerrymandering cases against Democrats, Republicans; The court hears two challenges to redrawn boundaries for congressional districts in North Carolina and Maryland.”

And Ariane de Vogue of CNN reports that “Supreme Court will hear 2 critical partisan gerrymander cases.”

Posted at 8:02 AM by Howard Bashman



Sunday, March 24, 2019

“New Anti-Abortion Measures Could Struggle for Traction in Courts; Some recent measures seeking new limits on abortion have faced stop signs in the Supreme Court and lower courts”: Jacob Gershman of The Wall Street Journal has this report.

Posted at 11:22 PM by Howard Bashman



“Who was Dan Markel? The victim at the center of ‘Over My Dead Body’; New details emerge in the murder of FSU law professor Dan Markel, the focus of the top-rated true-crime podcast.” Eve Watling of Newsweek has this report.

Posted at 9:57 PM by Howard Bashman



“Democrats are ‘absolutely’ willing to go to the Supreme Court if full Mueller report is not released, Nadler says”: Felicia Sonmez, Paul Sonne, and Drew Harwell of The Washington Post have this report.

Posted at 3:25 PM by Howard Bashman



On the “Heels of Justice” podcast, which launched last month: Once everyone seemed to have a blog, and now everyone seemingly has a podcast. But some podcasts are definitely worth a listen.

Consider these two episodes of the recently launched “Heels of Justice” podcast:

(1) “HOJ 004: Judge Wood: Ungentlemanly Ways, the Pregnancy Problem, & Antitrust Law,” featuring Seventh Circuit Chief Judge Diane P. Wood; and

(2) “HOJ 007: Dahlia Lithwick: Supreme Court Press Corps, Quitting Law School, and When There Are Three,” featuring Slate’s Dahlia Lithwick.

You can listen to all the “Heels of Justice” podcast episodes via this link.

Posted at 10:33 AM by Howard Bashman



“Supreme Court again considers partisan gerrymandering, but voters are not waiting”: Robert Barnes of The Washington Post has this report.

Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court to Deliberate Fate of Partisan Gerrymandering — Again; Justices will hear cases from North Carolina and Maryland, after failing to agree on what to do about partisan voter maps.”

And Johnny Kauffman of Atlanta’s NPR affiliate WABE Radio reports that “55 Years Later, Lawyer Will Again Argue Over Redistricting Before Supreme Court.”

Posted at 10:24 AM by Howard Bashman