How Appealing



Tuesday, July 9, 2019

“Senate Confirms Attorney Daniel Aaron Bress to Seat on Ninth Circuit Court of Appeals”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

Ordinarily, the Ninth Circuit’s news release announcing the confirmation of a new judge will identify whose vacancy the new judge is filling. The three most recent examples can be accessed here, here, and here.

Today’s news release, however, did not do so. The apparent reason why can be accessed here and here.

Posted at 10:22 PM by Howard Bashman



“The Courts Still Don’t Understand Trump’s Twitter Feed; An appeals court ruling that says the president can’t block followers is actually bad for free speech”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 9:48 PM by Howard Bashman



“Gun manufacturers seek Indiana Supreme Court review of Gary gun violence lawsuit”: Dan Carden of The Times of Munster, Indiana has an article that begins, “The Indiana Supreme Court is being asked to overturn a May 23 Court of Appeals ruling that revived a long-running lawsuit seeking to hold numerous gun manufacturers responsible for the costs of 1990s gun violence in the city of Gary.”

Posted at 9:42 PM by Howard Bashman



“Senate confirms Trump judicial nominee to California-based 9th Circuit”: Hailey Fuchs of The Washington Post has this report. As the article explains, “Bress was nominated to fill the vacancy left by Alex Kozinski, who resigned from the court in December 2017 amid allegations of sexual misconduct.”

You can access official roll call tally of the U.S. Senate, confirming Daniel Aaron Bress to the U.S. Court of Appeals for the Ninth Circuit by a vote of 53-to-45, at this link.

Posted at 7:33 PM by Howard Bashman



“Appeals Court Seems Skeptical About Constitutionality of Obamacare Mandate; A three-judge panel heard 90 minutes of oral arguments in a closely watched case that threatens the health coverage of millions”: Abby Goodnough of The New York Times has this report.

Noam N. Levey of The Los Angeles Times reports that “Federal appeals court appears skeptical of Obamacare, putting future of law in doubt.”

And Brent Kendall of The Wall Street Journal reports that “Appeals Court Questions Whether Health Law Should Remain in Place; Three-judge panel hears arguments on whether all of the ACA could be scrapped without coverage penalty.”

Posted at 5:56 PM by Howard Bashman



“Republican-appointed judges appear to side with Texas challenge to Obamacare”: Tami Luhby, Dan Berman, and Joan Biskupic of CNN have this report.

Posted at 5:00 PM by Howard Bashman



“A Republican federal appeals court appears determined to strike down Obamacare; The was no law in New Orleans today”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 4:58 PM by Howard Bashman



“Trump Can’t Block Critics From His Twitter Account, Appeals Court Rules; The decision may have broader implications for how the First Amendment applies to officials’ accounts in the social-media era”: Charlie Savage of The New York Times has this report.

Nicholas Wu of USA Today reports that “Federal appeals court rules Trump can’t block people on Twitter.”

Ronn Blitzer of Fox News reports that “Appeals court rules Trump violated First Amendment by blocking Twitter users.”

Kate Cox of Ars Technica reports that “Trump’s Twitter blocks violate First Amendment rights, appeals court affirms; The best response to criticism is ‘more speech, not less,’ court rules.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court: Trump’s Blocking of Twitter Users Is Unconstitutional; According to the 2nd Circuit, the First Amendment doesn’t allow public officials when using social media accounts for official purposes to exclude others in viewpoint discrimination.”

Posted at 1:07 PM by Howard Bashman



“President Trump cannot block his critics on Twitter, federal appeals court rules”: Ann E. Marimow of The Washington Post has this report.

Corinne Ramey of The Wall Street Journal reports that “President Trump Can’t Block Twitter Users, Federal Appeals Court Rules; Court says the practice of blocking users violates free-speech protections.”

Larry Neumeister of The Associated Press has a report headlined “Federal court: Trump can’t ban critics from Twitter account.”

Jessica Schneider and Katelyn Polantz of CNN report that “Appeals court rules Trump can’t block users on Twitter.”

Jacqueline Thomsen of The Hill reports that “Appeals court rules Trump can’t block people on Twitter.”

And Zoe Tillman of BuzzFeed News reports that “Trump Can’t Block People On Twitter He Disagrees With, A Federal Appeals Court Ruled; Because Trump uses his Twitter account for official purposes and creates a ‘public forum,’ he can’t exclude people based on their views, the 2nd Circuit ruled.”

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

Posted at 11:28 AM by Howard Bashman



“Two Reasons Why Title VII Bans Discrimination Based on Transgender Status”: Joshua Matz has this post at the “Take Care” blog.

Posted at 10:03 AM by Howard Bashman



“Plaintiffs seek to block Justice Department from changing lawyers in census citizenship case”: Felicia Sonmez and Matt Zapotosky of The Washington Post have this report.

Posted at 8:24 AM by Howard Bashman



“Obamacare in Jeopardy as Appeals Court Hears Case Backed by Trump; Millions could lose health coverage if a lower-court ruling striking down the law is upheld”: Abby Goodnough of The New York Times has this report.

Posted at 8:22 AM by Howard Bashman



“Good Luck to Trump’s New Census Lawyers. They’re Going to Need It. To continue the fight, the Justice Department will have to stand up in court and say it was previously wrong about some aspect of the citizenship question.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 8:20 AM by Howard Bashman