How Appealing



Wednesday, August 21, 2019

“George Pell appeal fails, Cardinal to serve out full jail term”: Adam Cooper of The Age of Melbourne, Australia has this report.

Posted at 8:46 PM by Howard Bashman



“Trump’s Tax on the National Psyche: The corruption and incompetence of this administration has led to a grotesque theft of Americans’ precious time and energy.” Matt Ford of The New Republic has an article that begins, “The most incredible thing about last week’s decision in the Ninth Circuit Court of Appeals on detained migrant children is that the case existed at all.”

Posted at 5:11 PM by Howard Bashman



“Supreme Court Notebook: Gender pronouns part of LGBT fight.” Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 3:27 PM by Howard Bashman



“The Trump administration wants to make it easier to fire women who act too ‘masculine'”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 2:55 PM by Howard Bashman



“No More Corporate Lawyers on the Federal Bench; The next Democratic president should try nominating judges who haven’t been partners at big law firms”: Brian Fallon and Christopher Kang have this essay online at The Atlantic.

Posted at 12:05 PM by Howard Bashman



Programming note: From yesterday afternoon until now, a technical issue prevented me from publishing new posts here. Happily, that technical issue has now been resolved. Last night, posts that otherwise would have appeared here instead appeared as Tweets on this blog’s Twitter feed. So if you were wondering what you may have missed in the interim, please take a look there until I manage to post that material here later today.

Posted at 11:40 AM by Howard Bashman



Tuesday, August 20, 2019
Monday, August 19, 2019

“Justice Dept. reiterates it believes federal employment discrimination law doesn’t protect transgender workers”: Ariane de Vogue of CNN has this report.

Posted at 8:25 PM by Howard Bashman



“The Fifth Circuit Creates a Zombie Action; An absurd application of the dismissals-without-prejudice rule means that a case is over in the district court but not final — and never can be final — for appeal”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 7:45 PM by Howard Bashman



Sunday, August 18, 2019

“Muslim group demands Trump pull court pick who defended Israel, ‘ethnonationalism'”: Alex Swoyer of The Washington Times has this report.

Earlier, Tim Ryan of Courthouse News Service reported that “Trump Names Picks for Second Circuit, Five Other Courts.”

Tal Axelrod of The Hill reported that “Trump taps White House lawyer for federal appeals court.”

And Jake Holland of Bloomberg Law reported that “Trump to Tap White House Aide for N.Y.-Based Appeals Court.”

Posted at 9:05 PM by Howard Bashman



“U.S. Can Block Migrants Seeking Asylum, but Only in Some States, Appeals Court Rules”: Michael D. Shear of The New York Times has this report.

Maria Sacchetti of The Washington Post reports that “Federal court issues split decision, allowing Trump’s latest asylum restrictions to continue in Texas, New Mexico.”

Maura Dolan of The Los Angeles Times reports that “9th Circuit removes nationwide injunction against Trump’s latest plan to limit asylum.”

Brent Kendall and Louise Radnofsky of The Wall Street Journal report that “Appeals Court Bars Trump Asylum Restrictions for California, Arizona; Ninth Circuit won’t block limits in other states, potentially causing more confusion along the southern U.S. border.”

Nomaan Merchant of The Associated Press has a report headlined “Court: US can reject asylum along parts of Mexico border.”

Daniel Trotta of Reuters reports that “U.S. appeals court deals partial setback to Trump rule to curtail asylum.”

Daniella Silva of NBC News reports that “Appeals court narrows injunction blocking Trump asylum restrictions; The policy, announced by the Trump administration last month, would broadly end asylum eligibility for migrants who pass through another country on their journey to the United States.”

Julián Aguilar of The Texas Tribune reports that “Trump administration’s latest asylum rule allowed to stand in Texas, New Mexico; The ruling could change the fate of thousands of people waiting to apply for asylum in Mexican border cities like Ciudad Juárez, Nuevo Laredo and Matamoros.”

And in commentary, The Wall Street Journal has published an editorial titled “A Lesson in Judicial Humility: The Ninth Circuit, of all places, overrules a national injunction.”

You can access Friday’s order of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:34 PM by Howard Bashman



“Toobin talks Supreme Court, past and present; CNN chief analyst says court is at a ‘tipping point'”: Lucas Thors of The Martha’s Vineyard Times has this report.

Posted at 8:10 PM by Howard Bashman



“A Kamikaze Climate Suit: Democratic states suing the EPA could hurt their own emissions cause.” This editorial appeared in Saturday’s edition of The Wall Street Journal.

Posted at 8:05 PM by Howard Bashman



Saturday, August 17, 2019

“The Trump Administration Lost The Fight Over The Census Citizenship Question. Now They Have To Pay The Challengers. The administration already agreed to pay $2.7 million to the ACLU and others. It is now facing requests for as much as $12 million from challengers in Maryland.” Zoe Tillman of BuzzFeed News has this report.

Posted at 9:24 PM by Howard Bashman



Friday, August 16, 2019

“Supreme Court justice makes surprise visit to Selma Interpretive Center”: NBC News affiliate WSFA 12 of Montgomery, Alabama has a report that begins, “A high profile guest made a surprise stop by the Selma Interpretive Center Monday afternoon. According to the Selma to Montgomery National Historic Trail, U.S. Supreme Court Associate Justice Sonia Sotomayor made an unexpected stop.”

Posted at 10:08 PM by Howard Bashman



“Warning or threat? Democrats ignite controversy with Supreme Court brief in gun case.” Robert Barnes of The Washington Post has this report.

Posted at 9:53 PM by Howard Bashman



“DOJ files brief with Supreme Court opposing workplace discrimination claims by transgender workers”: Shannon Bream amd Bill Mears of Fox News have this report.

Brooke Seipel of The Hill reports that “Trump admin argues transgender workers aren’t protected by civil rights law in new Supreme Court filing.”

Antonia Blumberg of HuffPost reports that “Trump Administration Asks Supreme Court To Legalize Firing Transgender Workers; The Supreme Court is considering three cases that look at whether LGBTQ employees are protected under federal civil rights law.”

And Dominic Holden of BuzzFeed News reports that “The Trump Administration Asked The Supreme Court To Legalize Firing Workers Just For Being Transgender; A brief filed by the Justice Department says federal law offers no protection to transgender workers who endure discrimination because of their gender identity.”

You can access the brief that the federal government filed in the U.S. Supreme Court at this link.

Posted at 9:20 PM by Howard Bashman



“Gloucester School Board plans to appeal judge’s transgender decision”: Peter Dujardin of The Daily Press of Newport News, Virginia has an article that begins, “The Gloucester County School Board said Friday that it plans to appeal a federal judge’s decision that its restroom policy discriminates against transgender students.”

Posted at 9:08 PM by Howard Bashman



“Seventh Circuit dismisses fact-based qualified-immunity appeal in coerced-confession case; Koh v. Ustich shows the need to screen fact-based qualified-immunity appeals before they impose unnecessary costs and delays in civil rights cases”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 9:02 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Sausage Making.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:55 PM by Howard Bashman



“Migrant Children Are Entitled to Toothbrushes and Soap, Federal Court Rules”: Caitlin Dickerson has this article in today’s edition of The New York Times.

Maura Dolan of The Los Angeles Times reports that “Court upholds ruling that children held at border must have adequate food, bedding, sanitation.”

Bob Egelko of The San Francisco Chronicle reports that “Court rules against Justice Dept. on conditions for child immigrants in custody.”

Amy Taxin of The Associated Press reports that “Panel rules soap, sleep essential to migrant kids’ safety.”

Edvard Pettersson of Bloomberg News reports that “Trump Team Loses in Defense of Migrant Shelters That Lacked Soap.”

Geneva Sands of CNN reports that “Court forces Trump administration to provide soap, toothbrushes to detained children.”

Julia Cheever of Bay City News reports that “Court affirms ‘safe and sanitary’ includes sleep, soap, toothbrushes, showers.”

And Zoe Tillman of BuzzFeed News reports that “An Appeals Court Ruled That, Yes, Sleep And Soap Count As ‘Safe And Sanitary’ Conditions For Detained Immigrant Kids.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 1:22 PM by Howard Bashman