How Appealing

Thursday, April 18, 2019

“Justice Comes So Slowly to Guantanamo, It May Never Arrive; The military commissions set up to try terrorists have enough problems; Now one just lost three years of work”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:14 PM by Howard Bashman

“U.S. appeals court upholds most of California’s ‘sanctuary’ laws”: Maura Dolan of The Los Angeles Times has this report.

Kristin Lam of USA Today reports that “US appeals court rejects Trump administration lawsuit, upholds most of California’s sanctuary laws.”

Emily Cadei of McClatchy DC reports that “Ninth Circuit denies Trump attempt to block California sanctuary law.”

Tom Hals of Reuters reports that “U.S. court upholds most of California’s ‘sanctuary’ migrant laws.”

Kartikay Mehrotra and Peter Blumberg of Bloomberg News report that “Trump Loses Fight Over California’s Immigrant-Sanctuary Laws.”

Samuel Chamberlain of Fox News reports that “9th Circuit rejects most of White House bid to block California ‘sanctuary’ laws.”

And Rachel Frazin of The Hill reports that “Court sides with California over Trump on ‘sanctuary cities.’

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

Posted at 10:05 PM by Howard Bashman

“John Roberts rejects requests for same-day audio of census citizenship arguments”: Ariane de Vogue of CNN has this report.

Posted at 7:58 PM by Howard Bashman

“How Banning Abortion in the Early Weeks of Pregnancy Suddenly Became Mainstream”: Sabrina Tavernise of The New York Times has this report.

Posted at 7:55 PM by Howard Bashman

“Joan Biskupic: The Life and Turbulent Times of Chief Justice John Roberts.” The National Constitution Center has posted this video on YouTube of an event that occurred earlier this evening.

Posted at 7:51 PM by Howard Bashman

In the April 29, 2019 issue of Time magazine: The cover story is the 2019 Time 100, which the magazine describes as the “100 Most Influential People of 2019.” Included on that list is Christine Blasey Ford, accompanied by a tribute written by U.S. Senator Kamala D. Harris (D-CA).

Update: A reader emails to point out that Justice Brett M. Kavanaugh is also on the 2019 Time 100 list, and his tribute was written by U.S. Senate Majority Leader Mitch McConnell (R-KY).

Posted at 7:42 PM by Howard Bashman

Reversed(?) by an evenly-divided court: Back in October 2018, Levi Pulkkinen of The Appeal had a post titled “Man Convicted Of Obstruction For Refusing To Open His Door For Police; If his conviction stands, it could criminalize people who refuse to do things like unlock their phones or garages at police request” about an appeal that was pending in the Supreme Court of Washington.

Today, Washington State’s highest court issued this 4-to-4 ruling that purports to reverse the defendant’s conviction. What makes this outcome unusual (to say the least) is that, typically, an evenly-divided appellate court’s ruling has the effect of upholding the decision under review.

Sometimes, as this blog has noted recently, the decision under review by the highest court of a state will be the trial court’s decision rather than any intermediate appellate court’s ruling, and thus an evenly-divided ruling from a state’s highest court may result in reinstating a trial court’s judgment even where the intermediate appellate court had reversed.

But, in the case decided today, the defendant appears to have lost at every stage of review, and thus to have his conviction reversed by an evenly-divided court is certainly something. Thanks to Gene Johnson of The Associated Press for drawing my attention to this on Twitter.

Posted at 6:22 PM by Howard Bashman

“Workplace Accountability within the Federal Judiciary”: Lori Atherton has this article in the Class Notes section of the current issue of the Law Quadrangle, the alumni magazine of the University of Michigan Law School.

Posted at 5:03 PM by Howard Bashman