How Appealing



Wednesday, July 3, 2019

Ninth Circuit grants rehearing en banc of three-judge panel’s decision declining stay of Title X abortion gag rule: You can access today’s order granting rehearing en banc at this link. And you can access the original three-judge panel’s ruling, which issued only 13 days ago, at this link.

Update: In early news coverage, Gene Johnson of The Associated Press reports that “Appeals court puts Trump abortion restrictions on hold again.”

Rachel Roubein and Renuka Rayasam of Politico report that “Appeals court takes up fresh challenge to Trump abortion ‘gag rule.’

And Nicholas Iovino of Courthouse News Service reports that “En Banc Ninth Circuit Will Revisit Block of Abortion Gag Rule.”

Posted at 7:58 PM by Howard Bashman



“9th Circuit Court blocks military funds for Trump’s border wall”: Victor Morton of The Washington Times has this report.

Kartikay Mehrotra of Bloomberg News reports that “Trump Border Wall Construction Kept on Hold by Appeals Court.”

And Jacqueline Thomsen of The Hill reports that “9th Circuit rejects Trump admin request to allow use of military funds for border wall.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 7:42 PM by Howard Bashman



“Trump appears to contradict his own administration on census citizenship question”: Colby Itkowitz, Ann E. Marimow, Josh Dawsey, and Tara Bahrampour of The Washington Post have this report.

Alan Rappeport, Maggie Haberman, and Michael Wines of The New York Times report that “Trump Vows to Move Forward With Citizenship Question on Census.”

Noah Bierman and David G. Savage of The Los Angeles Times report that “Citizen question may be back on 2020 census as Trump administration reverses course again.”

David Jackson and Richard Wolf of USA Today report that “Justice Department looking for way to include citizenship question in census despite Supreme Court ruling.”

Janet Adamy of The Wall Street Journal reports that “Justice Department Renews Push for Census Citizenship Question; Reversal follows Trump tweet contradicting administration’s statements that it had abandoned effort.”

Stephen Dinan of The Washington Times reports that “DOJ scrambles to add citizenship question to census after Trump tweet.”

Mark Sherman and Jill Colvin of The Associated Press report that “US still looking for way to ask about citizenship on census.”

Lawrence Hurley of Reuters has a report headlined “New U.S. census turmoil as Trump again pursues citizenship question.”

Margaret Talev, Bob Van Voris, and Andrew M Harris of Bloomberg News report that “Justice Department Weighs Whether Census Question Can Be Saved.”

Ariane de Vogue, Gregory Wallace, and Jeremy Diamond of CNN report that “Trump administration reverses course on census citizenship question.”

Caitlin Oprysko and Pia Deshpande of Politico report that “Government lawyers backtrack, say they will try to get citizenship question on census; With a judge’s deadline awaiting, the process remains chaotic, confused and contradictory.”

Jacqueline Thomsen of The Hill reports that “DOJ reverses, says it’s trying to find ways to include citizenship question on 2020 census.”

Zoe Tillman of BuzzFeed News reports that “The Trump Administration Said It Wouldn’t Put A Citizenship Question On The Census, And Then Trump Blew It Up With A Tweet.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Ayesha Rascoe had an audio segment titled “Justice Department Still Looking For A Way To Add Census Citizenship Question.”

Posted at 5:36 PM by Howard Bashman



“To construe the Constitution, look to the Declaration”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 5:33 PM by Howard Bashman



“Amazon can be held liable for third-party seller products: U.S. appeals court.” Brendan Pierson of Reuters has this report.

Emily Birnbaum of The Hill reports that “Court rules Amazon can be held liable for third-party sales.”

Salvador Rodriguez and Lauren Feiner of CNBC report that “Federal appeals court says Amazon is liable for third-party sellers’ products.”

Colin Lecher of The Verge reports that “Amazon can be held liable for defective third-party products on its platform, court rules.”

Brian Heater of TechCrunch reports that “Appeals court rules Amazon can be held liable for third-party products.”

And in earlier coverage of the oral argument of this appeal, Emilee Larkin of Courthouse News Service back in October 2018 had a report headlined “Dog Owner Blinded by Leash Fights Amazon at Third Circuit.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.

Just yesterday, at his “Technology and Marketing Law Blog,” Eric Goldman had a post titled “Amazon Might Be Liable for Defective Marketplace Items (But Only When It Tries to Warn Consumers) — Fox v. Amazon.”

Posted at 4:18 PM by Howard Bashman



“The Fight Over Native American Adoptions Is About More Than Just the Children”: Abigail Abrams of Time magazine has this report.

Posted at 4:00 PM by Howard Bashman



“Setting Sights on the AR-15: After Las Vegas Shooting, Lawyers Target Gun Companies.” Mike Baker has this article in today’s edition of The New York Times.

Posted at 1:28 PM by Howard Bashman



“I Shouldn’t Be Forced to Give Birth to a Baby Who Won’t Live; Our baby had a fatal birth defect; My federal health insurance plan refused to cover the abortion”: Assistant Federal Public Defender Sarah E. Levin (W.D. Pa.) has this essay online at The New York Times.

Posted at 1:12 PM by Howard Bashman



“It’s Not Nice to Lie to the Supreme Court; The decision in the census case suggests President Trump can no longer take the court for granted”: Linda Greenhouse has this essay online at The New York Times.

Posted at 1:06 PM by Howard Bashman



“Appeals Court orders potentially explosive documents in Jeffrey Epstein case be unsealed”: Stephen Rex Brown of The New York Daily News has this report.

Kate Briquelet of The Daily Beast reports that “Court Orders Release of Sealed Docs About Jeffrey Epstein’s Alleged Sex Ring; In a blow to the billionaire pedophile and his alleged madam, Ghislaine Maxwell, a federal court ordered the release of sealed court records in a case brought by an alleged victim.”

Mike Leonard of Bloomberg Law reports that “Dershowitz Wins Unsealing of Epstein-Related Defamation Case.”

And earlier, Julie K. Brown of The Miami Herald had an article headlined “An appeals court seemed poised to unseal Jeffrey Epstein records. So where are they?

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 12:58 PM by Howard Bashman