How Appealing

Thursday, August 1, 2019

“Supreme Court Justice Brett Kavanaugh won’t face discipline over Senate confrontation”: Richard Wolf of USA Today has this report.

Alex Swoyer of The Washington Times reports that “Justice Kavanaugh ‘bias and hostility’ complaint dismissed.”

Jacqueline Thomsen of The Hill reports that “Judicial panel dismisses ethics complaints against Kavanaugh.”

Zoe Tillman of BuzzFeed News reports that “All 83 Ethics Complaints Against Justice Brett Kavanaugh Have Been Dismissed For Good; Now, the only way Kavanaugh could be investigated is if Congress decides to do something about it — and so far they haven’t.”

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Kavanaugh Misconduct Complaint Saga Could Be Over.”

You can access today’s Memorandum of Decision of the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States at this link.

Posted at 11:32 PM by Howard Bashman

“Arkansan up for seat on U.S. court queried; ex-solicitor general admits regrets on joining briefs supporting gay marriage”: In today’s edition of The Arkansas Democrat-Gazette, Frank E. Lockwood has a front page article that begins, “President Donald Trump’s pick to serve on the U.S. District Court for the Eastern District of Arkansas disavowed his past advocacy regarding same-sex marriage, saying Wednesday that his previous legal reasoning had been flawed. During his confirmation hearing, Lee Philip Rudofsky distanced himself from a February 2013 friend-of-the-court brief he had signed that challenged California’s Proposition 8, a ballot measure that had stripped gay couples there of the right to marry.”

You can view the video of yesterday’s U.S. Senate Judiciary Committee confirmation hearing via this link.

Posted at 11:14 PM by Howard Bashman

“The Supreme Court Is Bad for Your Health: Its decision to let states opt out of the Medicaid expansion turned out to have lethal consequences.” Annie Lowrey of The Atlantic has an article that begins, “Did Supreme Court Chief Justice John Roberts kill almost 16,000 people? That is one way, if a hyperbolic one, to read a new study on federalism and Medicaid.”

Posted at 10:00 PM by Howard Bashman

“Court of a-peel: nasty split over banana costume leads to legal monkey business; Judge found a full-body banana costume sold by Arizona company may be too similar to one originally sold by a New Jersey costumer.” Kari Paul of The Guardian (UK) has this report.

And Blake Brittain and Alexis Kramer of Bloomberg Law have a report headlined “Court OKs Copyright for Banana Costume’s Artistic Features.”

Third Circuit Judge Thomas M. Hardiman may not have gotten to fill either of the last two U.S. Supreme Court vacancies, but he did get to write today’s ruling (with photos) on behalf of a unanimous three-judge panel.

Posted at 9:48 PM by Howard Bashman

“On the Border Wall, the Supreme Court Caves to Trump; Increasingly, the court risks becoming identified as the president’s lap dog”: Linda Greenhouse has this essay online at The New York Times.

And at “The Volokh Conspiracy,” Josh Blackman and Seth Barrett Tillman have a post titled “What is the Plaintiffs’ Cause of Action in the Wall Litigation? Like in the Emoluments Clauses cases, plaintiff’s mere allegation that the government is acting ultra vires is not enough to establish an equitable cause of action.”

Posted at 8:35 AM by Howard Bashman