How Appealing



Thursday, May 23, 2019

Lamps Plus Never Should Have Gotten This Far; Lamps Plus should have been decided on jurisdictional grounds: the district court should have stayed (not dismissed) the action, and a stay isn’t appealable.” Bryan Lammon has this post at his “final decisions” blog.

Posted at 2:44 PM by Howard Bashman



“Does Employment Division v. Smith Apply in Indian Country? Thoughts on a SCOTUS Ruling Finding Hunting Right Under 1868 Crow Treaty.” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 12:27 PM by Howard Bashman



“Congratulations To The 2019 Bristow Fellows; This time around, there’s an interesting little twist”: David Lat has this post at “Above the Law.”

Posted at 12:25 PM by Howard Bashman



“Let’s Not Forget the Establishment Clause: It’s past time to consider the impact of religion’s grip on public policy and the Supreme Court.” Linda Greenhouse has this essay online at The New York Times.

Posted at 12:23 PM by Howard Bashman



Wednesday, May 22, 2019

“Kansas Supreme Court’s abortion rights ruling now being used to fight restrictions”: Jonathan Shorman of The Wichita Eagle has this report.

Posted at 8:55 PM by Howard Bashman



“Fort Collins won’t pursue ban on public toplessness to U.S. Supreme Court”: Nick Coltrain of The Fort Collins Coloradoan has an article that begins, “The Fort Collins City Council won’t ask the U.S. Supreme Court to review its ban on women going topless in public.”

Posted at 8:45 PM by Howard Bashman



“Supreme Court opinion opens ‘can of worms'”: Kristen Czaban of The Sheridan (Wyo.) Press has an article that begins, “Now that the U.S. Supreme Court has issued its opinion on Herrera v. Wyoming, lower courts will take up the case again while locals await the effects — both legal and social — of the decision.”

Posted at 8:33 PM by Howard Bashman



“NRA, gun rights groups using New York City rules to seek expansion of Second Amendment in Supreme Court”: Richard Wolf of USA Today has this report.

Posted at 8:26 PM by Howard Bashman



“AG Barr joins renewed Trump administration push to curtail nationwide injunctions”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:22 PM by Howard Bashman



“We Argued the Biggest Supreme Court Abortion Case Since Roe. Here’s How to Protect a Woman’s Right to Choose.” Kathryn Kolbert and Linda J. Wharton have this essay online at Time magazine.

Posted at 5:55 PM by Howard Bashman



“Will the Supreme Court take up a Roe v. Wade showdown in 2020? Multiple states have passed strict abortion limits in hopes of sending a challenge to the Supreme Court.” Josh Gerstein of Politico has this report.

Posted at 5:52 PM by Howard Bashman



“The Abortion Debate Is Not Part of the Culture Wars; The culture wars are really about the pace of social change, not its direction”: Karl W. Smith has this essay online at Bloomberg Opinion.

Posted at 8:30 AM by Howard Bashman



“Newly conservative Florida Supreme Court may undo death-penalty ruling”: Dara Kam of the News Service of Florida has this report.

Posted at 8:26 AM by Howard Bashman



Tuesday, May 21, 2019

“Congress Should End a ‘Harsh and Unfair’ Rule That Blocks Troops From Court; A 1950 Supreme Court decision makes it impossible for service members to recover damages from the government for negligence or misconduct they suffer while serving”: Law professor Stephen I. Vladeck has this essay online at The New York Times.

Posted at 11:30 PM by Howard Bashman



“Why lawyers shouldn’t use pseudonyms to sue their law firms”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:00 PM by Howard Bashman



“At abortion clinics, new laws sow confusion, uncertainty”: Kim Chandler and Sudhin Thanawala of The Associated Press have this report.

Posted at 9:27 PM by Howard Bashman



“Federal judge’s questions point toward striking down Mississippi’s latest abortion ban”: Sarah Fowler of The Clarion Ledger of Jackson, Mississippi has this report.

Nicquel Terry Ellis of USA Today reports that “Mississippi judge who blocked 15-week abortion ban hears arguments on fetal heartbeat law.”

Emily Wagster Pettus of The Associated Press has a report headlined “Mississippi abortion law ‘smacks of defiance,’ US judge says.”

Ariane de Vogue of CNN reports that “Federal judge slams Mississippi over new law banning abortions after six weeks.”

And Zack Budryk of The Hill reports that “Federal judge says Mississippi abortion law ‘smacks of defiance’ of earlier ruling.”

Posted at 9:22 PM by Howard Bashman



“How often does the Supreme Court overturn precedents like Roe v. Wade?” Dan Keating, Brittany Renee Mayes, and Kevin Schaul of The Washington Post have this report.

Posted at 9:00 PM by Howard Bashman



“Daniel Bress — Nominee to the U.S. Court of Appeals for the Ninth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 6:30 PM by Howard Bashman



“A conservative activist’s behind-the-scenes campaign to remake the nation’s courts; Leonard Leo helped conservative nonprofits raise $250 million from mostly undisclosed donors in recent years to promote conservative judges and causes”: Robert O’Harrow Jr. and Shawn Boburg of The Washington Post have this report.

Posted at 6:26 PM by Howard Bashman



Monday, May 20, 2019

“Lawyers in Markel murder trial say they are missing evidence, state has 5 days to provide it”: Karl Etters of The Tallahassee Democrat has this report.

Posted at 10:50 PM by Howard Bashman



“High Court Upholds Crow Tribe’s Hunting Rights; Justice Neil Gorsuch joins 5-4 majority rejecting arguments by Wyoming”: Jess Bravin of The Wall Street Journal has this report.

Alex Swoyer of The Washington Times reports that “151-year-old Indian treaty grants hunting rights, Supreme Court rules.”

Jessica Gresko of The Associated Press reports that “High court sides with Crow tribe member in hunting dispute.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court sides with Native American elk hunter.”

Devan Cole of CNN reports that “Gorsuch sides with liberals as Supreme Court rules in favor of Native American rights in Wyoming hunting case.”

Ronn Blitzer of Fox News reports that “Gorsuch breaks with conservative justices, delivering win to Native American hunter.”

Jacqueline Thomsen of The Hill reports that “Supreme Court sides with Native American hunter as Gorsuch joins liberals.”

In commentary, online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “A Moral Victory at the Supreme Court: The liberal justices, plus Gorsuch, refuse to abide by a tribal hunting treaty that was written to exploit Native Americans.”

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Why Gorsuch Keeps Joining the Liberals to Affirm Tribal Rights.”

You can access today’s ruling of the U.S. Supreme Court in Herrera v. Wyoming, No. 17-532, at this link.

Posted at 10:34 PM by Howard Bashman



“Supreme Court sends dispute over Fosamax back to lower court”: Jessica Gresko of The Associated Press has this report.

Andrew Chung of Reuters reports that “Supreme Court gives Merck another shot to avoid Fosamax lawsuits.”

Greg Stohr of Bloomberg News reports that “Supreme Court Orders New Look at Fosamax Claims Against Merck.”

And Jacqueline Thomsen of The Hill reports that “Supreme Court tosses out ruling allowing lawsuits against drug manufacturer.”

You can access today’s ruling of the U.S. Supreme Court in Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290, at this link.

Posted at 10:14 PM by Howard Bashman



“Roe v. Wade, Frontiero v. Richadson, and the Equal Rights Amendment”: Geoffrey R. Stone has this post at the “Take Care” blog.

Posted at 10:08 PM by Howard Bashman



Programming note: Due to assisting in moving a family member from student housing today, additional posts will appear here this evening.

Posted at 9:56 AM by Howard Bashman