How Appealing

Thursday, July 11, 2019

“Griffen, after petitioning state Supreme Court to restore him to capital cases, asks all justices to disqualify themselves from the case”: Lindsey Millar of Arkansas Times has this report.

Posted at 10:35 PM by Howard Bashman

“Why John Roberts may be right about gerrymandering”: Law professor Lawrence Lessig has this essay online at The Washington Post.

Posted at 10:32 PM by Howard Bashman

“Setback for Planned Parenthood: Court lets Trump’s funding cutoff remain in effect.” Maura Dolan of The Los Angeles Times has this report.

Jonathan Stempel of Reuters reports that “Trump abortion referral ‘gag rule’ survives demands for emergency halt.”

Caroline Kelly of CNN reports that “Federal appeals court allows abortion-referral restriction to proceed.”

Jessie Hellmann of The Hill reports that “Appeals court denies demands to halt Trump abortion referral ‘gag rule.’

And Nicholas Iovino of Courthouse News Service reports that “Abortion Gag Rule Stays Ahead of Full 9th Circuit Rehearing.”

You can access today’s order of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:26 PM by Howard Bashman

“In his third Supreme Court of Canada appointment, Trudeau names Quebec judge Nicholas Kasirer; It is the first appointment made under a new process that gives the Quebec government a much greater say in appointments of Quebec-based SCC judges”: Brian Platt of National Post has this report.

Jim Bronskill of The Canadian Press reports that “Trudeau names Quebec judge Nicholas Kasirer to Supreme Court of Canada.”

And John Paul Tasker of CBC News reports that “Trudeau nominates Quebec jurist Nicholas Kasirer to the Supreme Court of Canada.”

Posted at 9:00 PM by Howard Bashman

“Trump, Twitter and the First Amendment: An appellate ruling blurs the line between private and public forums.” This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 8:53 PM by Howard Bashman

“Trump Says He Will Seek Citizenship Information From Existing Federal Records, Not the Census”: Katie Rogers, Adam Liptak, Michael Crowley, and Michael Wines of The New York Times have this report.

Seung Min Kim, Tara Bahrampour, and John Wagner of The Washington Post report that “Trump retreats on adding citizenship question to 2020 Census.”

Noah Bierman and David Lauter of The Los Angeles Times report that “Trump backs down in fight over census citizenship question.”

Rebecca Ballhaus and Brent Kendall of The Wall Street Journal report that “Trump Drops Effort to Put Citizenship Question on Census; Agencies are told to provide records on citizens and noncitizens; moves cap weeks of maneuvers after setback in Supreme Court.”

David Jackson and Ledyard King of USA Today report that “Donald Trump drops fight to get citizenship question on 2020 census; other federal records to be used.”

Stephen Dinan of The Washington Times reports that “Trump drops census citizenship question, orders count from existing records.”

Jill Colvin, Mark Sherman, and Zeke Miller of The Associated Press report that “Trump abandons bid to include citizenship question on census.”

Jeff Mason and David Shepardson of Reuters report that “Trump drops census citizenship question, vows to get data from government.”

Margaret Talev, Justin Sink, and Greg Stohr of Bloomberg News report that “Trump Capitulates in Fight Over Census Citizenship Question.”

Allan Smith and Hallie Jackson of NBC News report that “Trump backs off census citizenship question, issues order to collect data in other ways; The president’s announcement comes after the Supreme Court blocked the administration.”

Kevin Liptak, Pamela Brown, Jim Acosta, and Kaitlan Collins of CNN report that “Trump backs away from census citizenship question, orders agencies to hand over citizenship information to Commerce.”

Anita Kumar and Caitlin Oprysko of Politico report that “Trump abandons effort to add citizenship question to census; Instead, the president will issue an executive order directing various agencies to obtain citizenship data by tapping existing databases and documents.”

Jordan Fabian and Jacqueline Thomsen of The Hill report that “Trump drops bid to add citizenship question to 2020 census.”

And Zoe Tillman of BuzzFeed News reports that “Trump Has Backed Down On Adding A Citizenship Question To The 2020 Census; Trump said he would direct federal agencies to provide citizenship data to the Commerce Department — a plan Commerce Secretary Wilbur Ross had rejected in favor of adding the question.”

Posted at 8:50 PM by Howard Bashman

“The New Plot Against Obamacare: Will specious, bad-faith legal arguments prevail?” Columnist Paul Krugman has this essay online at The New York Times.

Posted at 8:22 PM by Howard Bashman

Programming note: This afternoon, I will be meeting with co-counsel to prepare for an appellate oral argument that I will be presenting next Tuesday. As a result, additional posts will appear here this evening. In the interim, you can sign-up to follow this blog on Twitter if you don’t already do so.

Posted at 1:03 PM by Howard Bashman

Save the date: This fall, the Appellate Judges Education Institute Summit returns to Washington, DC, from Thursday, November 14 to Sunday, November 17, 2019 at the Grand Hyatt.

I am once again on the AJEI Summit’s Education Committee, and this year’s Summit is shaping-up to be another must-attend event. I expect to be there, and I will post a link to the online registration page once it becomes available.

Posted at 9:15 AM by Howard Bashman

“In the Census Case, Roberts Got Liberals to Help Undercut the Bureaucracy; The Supreme Court rejected Trump’s citizenship question, but the ruling serves a conservative counterrevolution against the administrative state”: Law professor John Yoo and James Phillips have this essay online at The Atlantic.

Posted at 9:10 AM by Howard Bashman