How Appealing

Wednesday, July 10, 2019

“The Trump Administration’s Bid To Swap Lawyers In The Census Cases Is Not Going Well; Federal judges in California, Maryland, and New York rejected DOJ’s first attempt at switching lawyers, saying the government didn’t submit enough information about the late change”: Zoe Tillman of BuzzFeed News has this report.

Posted at 9:44 PM by Howard Bashman

“Silver bullets, blue pencils, and the future of the ACA”: Nick Bagley has this post at the “Take Care” blog.

Posted at 7:23 PM by Howard Bashman

“Ninth Circuit Review — Reviewed: Supreme Court Puts Wind in Sails of Court’s Critics of Morally Turpitudinous Crimes in Immigration Law.” William Yeatman has this guest post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 7:22 PM by Howard Bashman

“The Clarence Thomas Effect: The notoriously quiet Supreme Court justice has had a far-reaching influence on the personnel of the Trump administration, which may be his most lasting legacy.” Emma Green of The Atlantic has this report.

Posted at 5:53 PM by Howard Bashman

“Appellate Jurisdiction in the Fourth Circuit’s Emoluments Appeals: The Fourth Circuit took the extraordinary (and possibly improper) step of directing a district court — via a writ of mandamus — to certify a § 1292(b) appeal in an emoluments case.” Bryan Lammon has this post at his “Final Decisions” blog.

Posted at 5:42 PM by Howard Bashman

“Objections to Protecting Transgender People Under Title VII Are Meritless”: Joshua Matz has this post at the “Take Care” blog.

Posted at 1:53 PM by Howard Bashman

“Because a reasonable observer would conclude that exposure to the Fresno Bee article neither influenced the magistrate judge’s verdict nor prevented him from adjudicating Carey’s case impartially, he was not required to recuse himself.” So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today in a case in which the defendant was challenging his conviction for misdemeanor offenses stemming from an unlawful BASE jump in Yosemite National Park.

The Fresno Bee article at issue was headlined “He leaps off Yosemite cliffs, knowing it’s illegal. Can his court case make BASE jumping legit?

Posted at 1:40 PM by Howard Bashman

“Are dinosaur fossils ‘minerals’? The Montana Supreme Court will decide high stakes case.” Jeremy P. Jacobs of Greenwire has this report (via Science magazine).

Posted at 1:22 PM by Howard Bashman

“Justice Lee Johnson to retire from Supreme Court in September”: Tim Carpenter of The Topeka Capital-Journal has an article that begins, “Kansas Supreme Court Justice Lee Johnson plans to bring a nearly 20-year career on the appellate bench to a close in September, granting Democratic Gov. Laura Kelly an opportunity to put an imprint on the state’s highest court.”

And Jonathan Shorman of The Wichita Eagle reports that “Kansas Supreme Court justice retiring ahead of expected GOP push to change system.”

Posted at 1:20 PM by Howard Bashman

“Executive Council rejects MacDonald nomination for chief justice”: John Koziol of The Union Leader of Manchester, New Hampshire has an article that begins, “The Executive Council voted 3-2 Wednesday on party lines against appointing Attorney General Gordon MacDonald to serve as chief justice on the New Hampshire Supreme Court, handing Republican Gov. Chris Sununu a defeat he likened to Washington, D.C., politics.”

And Holly Ramer of The Associated Press reports that “Council rejects attorney general as chief justice.”

Posted at 1:16 PM by Howard Bashman

“Federal Appeals Court Rules for Trump in Emoluments Case”: Sharon LaFraniere of The New York Times has this report.

Ann E. Marimow and Jonathan O’Connell of The Washington Post report that “Appeals court dismisses emoluments lawsuit involving President Trump’s D.C. hotel.”

Stephen Dinan of The Washington Times reports that “Appeals court tosses suit against Trump, says president can run hotel.”

Jan Wolfe of Reuters reports that “U.S. appeals court hands win to Trump in hotel ’emoluments’ case.”

Andrew M Harris of Bloomberg News reports that “Trump Wins Dismissal of Emoluments Case by Maryland and D.C.

Allan Smith of NBC News reports that “Appeals court dismisses emoluments clause case against Trump involving Washington hotel; The president immediately celebrated the decision on Twitter.”

Katelyn Polantz, Evan Perez, and Betsy Klein of CNN report that “Appeals court hands Trump a victory over Democratic challenge to DC hotel.”

Jacqueline Thomsen of The Hill reports that “Appeals court dismisses Emoluments Clause lawsuit in win for Trump.”

And Zoe Tillman of BuzzFeed News reports that “Trump Can’t Be Sued By DC And Maryland Over His Hotel, A Federal Appeals Court Ruled; The 4th Circuit questioned whether the lawsuit filed by DC and Maryland against Trump was ‘an appropriate use of the courts.’

Today, the same unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued two decisions in two related cases, and you can access those decisions here and here.

Posted at 12:00 PM by Howard Bashman

“Originalism: A Unitarian Church for the Legal Profession?” Michael S. Greve has this post at the “Law & Liberty” blog.

Posted at 10:44 AM by Howard Bashman