How Appealing

Wednesday, July 24, 2019

“Does Dodd-Frank override Morrison v. NAB? Law profs tell SCOTUS no.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 11:20 PM by Howard Bashman

“Ginsburg Laments SCOTUS Confirmation ‘Dysfunction’ in Senate”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 11:18 PM by Howard Bashman

“Those allegations, which we must accept as true for present purposes, are enough to establish that the danger of sexual assault in general and of sexual assault on minors in particular was foreseeable, and indeed was known, to Royal Caribbean.” So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today in an opinion reinstating the lawsuit against Royal Caribbean of a then-minor female who claims she was the victim of such an assault.

Chief Judge Ed Carnes wrote both the panel’s opinion and a special concurrence.

Posted at 11:09 PM by Howard Bashman

“Justice Ruth Bader Ginsburg On Protecting An Independent Judiciary”: Nina Totenberg had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 8:12 PM by Howard Bashman

“Brett Kavanaugh Not Quite as ‘Evil’ as Promised”: Jason Richwine has this post at National Review’s “The Corner” blog.

Posted at 1:48 PM by Howard Bashman

No joke — UCSD satirical student newspaper wins Ninth Circuit appeal seeking reinstatement of its lawsuit challenging the elimination of its registered student organization funding: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

In earlier news coverage, Gary Warth of The San Diego Union-Tribune reported in March 2017 that “Judge dismisses Koala publication lawsuit against UCSD.”

Also in March 2017, Matthew Zamudio of The UCSD Guardian reported that “Judge Dismisses Koala Lawsuit Against UCSD.”

Posted at 1:40 PM by Howard Bashman

Sixth Circuit holds that Tennessee’s General Assembly lacks standing to bring lawsuit claiming that the federal government violated the Spending Clause and the Tenth Amendment when requiring states to provide Medicaid coverage to eligible refugees: You can access today’s ruling of a unanimous two-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link. Attorney John J. Bursch argued the appeal on behalf of the General Assembly.

Posted at 1:23 PM by Howard Bashman

“Judge blocks new Arkansas abortion laws just before midnight; Temporary restraining order stops state from enforcing 3 requirements”: Linda Satter has this front page article in today’s edition of The Arkansas Democrat-Gazette.

Andrew DeMillo of The Associated Press reports that “Judge temporarily blocks new Arkansas anti-abortion laws.”

Peter Szekely of Reuters reports that “Federal court blocks Arkansas from enforcing recently passed 18-week abortion ban.”

And Ema O’Connor of BuzzFeed News reports that “Arkansas 18-Week Abortion Ban Was Just Blocked — For Now; The block will only last 14 days before the judge makes a final decision about the law.”

You can access last night’s 159-page temporary restraining order of the U.S. District Court for the Eastern District of Arkansas at this link.

Posted at 12:54 PM by Howard Bashman

“The Trump Administration Does Not Support The Total Invalidation of the ACA; DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 11:26 AM by Howard Bashman