How Appealing



Friday, July 26, 2019

“Unlimited Donations to Candidates, Coming Soon? Former Solicitor General Paul Clement may get the Supreme Court closer to killing what’s left of campaign-finance limits.” Law professor Richard L. Hasen, author of the “Election Law Blog,” has this essay online at The Atlantic.

Posted at 8:17 AM by Howard Bashman



“Ginsburg gently pushes back on criticism of the Supreme Court and her fellow justices”: Robert Barnes has this article in today’s edition of The Washington Post.

Posted at 8:15 AM by Howard Bashman



Thursday, July 25, 2019

“Push on to nominate Maricopa’s top prosecutor to state supreme court post”: Howard Fischer of The Arizona Daily Star has this report.

Posted at 10:04 PM by Howard Bashman



“Reflections on Tushnet, Primus, Gorsuch, and the Law School Curriculum”: Sandy Levinson has this post at the “Balkinization” blog.

Posted at 8:50 PM by Howard Bashman



“A Tale of Two District Courts: A new phase for the national injunction?” Samuel Bray has this post at “The Volokh Conspiracy.”

Posted at 8:47 PM by Howard Bashman



“Woman can sue Royal Caribbean over alleged gang rape on Oasis of the Seas, court rules”: Ron Hurtibise of The South Florida Sun Sentinel has this report.

Jerry Iannelli of Miami New Times reports that “Royal Caribbean Knew of Sexual Assault Epidemic on Cruises and Did Nothing, Court Says.”

And at his “Cruise Law News” blog, Jim Walker has a post titled “Appellate Court: Royal Caribbean Knew of Serious Problem of Crime, Including Rape, on its Cruise Ships.”

My earlier coverage of yesterday’s Eleventh Circuit ruling can be accessed here.

Posted at 8:27 PM by Howard Bashman



“Executive Discretion and Judicial Deference After the Census Case: The Chief Justice’s Tightrope.” David A. Martin has this post at the “Lawfare” blog.

Posted at 1:09 PM by Howard Bashman



“Scalia’s challenge: Fiery old writings in a new era of #MeToo; In 1998, Eugene Scalia criticized ‘quid pro quo’ laws designed to hold bad bosses accountable; His writings animated his last Senate confirmation in 2001.” Ian Kullgren and Gabby Orr of Politico have this report.

Posted at 12:46 PM by Howard Bashman



“U.S. to Resume Executions of Death-Row Inmates; The federal government has not executed an inmate since 2003, a moratorium reversed by the attorney general”: Katie Benner of The New York Times has this report.

Devlin Barrett of The Washington Post reports that “Justice Department plans to restart capital punishment after long hiatus.”

Sadie Gurman of The Wall Street Journal reports that “Federal Government Set to Resume Executions; Attorney general tells Bureau of Prisons to schedule executions of 5 death-row inmates.”

Kristine Phillips of USA Today reports that “Justice Department resumes capital punishment after nearly two decades, orders executions of five inmates.”

Mike Balsamo of The Associated Press reports that “Justice Dept. will execute inmates for first time since 2003.”

Sarah N. Lynch of Reuters reports that “Justice Department resumes use of death penalty, schedules five executions.”

Joe Sobczyk and Greg Stohr of Bloomberg News report that “Barr Orders U.S. to Resume Executions in Some Federal Cases.”

Daniel Arkin of NBC News reports that “AG Barr orders reinstatement of the federal death penalty; Barr also directed the federal government to schedule the executions of five death-row inmates convicted of murder.”

Tammy Kupperman, Ariane de Vogue. and Veronica Stracqualursi of CNN report that “Barr directs federal government to reinstate death penalty, schedule the execution of 5 death row inmates.”

And Jacqueline Thomsen of The Hill reports that “Trump Justice Department to resume federal executions.”

Today, the U.S. Department of Justice’s Office of Public Affairs issued a news release titled “Federal Government to Resume Capital Punishment After Nearly Two Decade Lapse; Attorney General William P. Barr Directs the Federal Bureau of Prisons to Adopt an Addendum to the Federal Execution Protocol and Schedule the Executions of Five Death-Row Inmates Convicted of Murdering Children.”

Posted at 12:44 PM by Howard Bashman



“Why this law could be a bigger threat to Roe v. Wade than near-total abortion bans: An Arkansas law is less sweeping than bans on abortion in places like Alabama. It could be more dangerous for Roe v. Wade.” Anna North of Vox has this report.

Posted at 8:32 AM by Howard Bashman



“This Supreme Court Case Made School District Lines A Tool For Segregation”: Elissa Nadworny had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 8:30 AM by Howard Bashman



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



Tuesday, July 23, 2019

“Death Penalty Continues to Wane in U.S.; Death row’s population down in 2017 for 17th straight year”: Jess Bravin of The Wall Street Journal has this report.

Posted at 11:28 PM by Howard Bashman



“Supreme Court legend John Paul Stevens’ Bill Clinton decision set a judicial standard that’s now fading; While many cursed Stevens’ opinion during the Clinton impeachment process, we would be wise to recognize the judicial legend’s good judgment and nonpartisanship today”: Law professor Jed Handelsman Shugerman has this essay online at NBC News.

Posted at 8:35 PM by Howard Bashman