How Appealing



Wednesday, September 11, 2019

“9th Circuit strikes down Montana ban on political robocalls”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:38 PM by Howard Bashman



“Supreme Court Says Trump Can Bar Asylum Seekers While Legal Fight Continues”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court says Trump administration can begin denying asylum to migrants while legal fight continues.”

David G. Savage of The Los Angeles Times reports that “Supreme Court rules for Trump on asylum ban at southern border.”

Brent Kendall and Jess Bravin of The Wall Street Journal reports that “Supreme Court Authorizes Trump to Deny Asylum to Central Americans; While legal challenges proceed, new rule requires refugees to seek asylum in another country they enter before arriving at U.S. border.”

Richard Wolf of USA Today reports that “Supreme Court allows Trump administration to restrict asylum seekers who have not sought refuge elsewhere.”

Stephen Dinan and Alex Swoyer of The Washington Times report that “Supreme Court allows nationwide enforcement of Trump asylum rules.”

Mark Sherman of The Associated Press reports that “Supreme Court allows broad enforcement of asylum limits.”

Lawrence Hurley and Daniel Trotta of Reuters report that “U.S. Supreme Court allows Trump to deny asylum to many Central Americans.”

Greg Stohr of Bloomberg News reports that “Trump Administration Can Curb Asylum Bids, Supreme Court Says.”

Pete Williams of NBC News reports that “Supreme Court allows Trump administration to enforce toughest restriction yet on asylum requests; A lawsuit to stop the new policy is still working its way through the lower courts.”

Ariane de Vogue and Priscilla Alvarez of CNN report that “Supreme Court clears the way for new asylum restrictions to take effect.”

Gregg Re and Bill Mears of Fox News report that “Supreme Court allows Trump asylum restrictions to take effect, ending 9th Circuit injunctions.”

Josh Gerstein and Ted Hesson of Politico report that “Supreme Court hands Trump a victory on asylum restriction.”

Justine Coleman of The Hill reports that “Supreme Court allows full enforcement of Trump asylum rules.”

And Hamed Aleaziz of BuzzFeed News reports that “The Supreme Court Will Allow Trump To Enforce His Virtual Ban On Asylum At The Southern Border; Hundreds of thousands of Central Americans and others were expected to be affected by the restrictions.”

You can access this evening’s order of the U.S. Supreme Court, and the dissent therefrom, at this link.

Posted at 10:28 PM by Howard Bashman



“Republicans and Democrats hammer Trump’s judicial nominee; Steven Menashi faced criticism for refusing to answer questions and his controversial writings”: Marianne LeVine of Politico has this report.

Jordain Carney of The Hill reports that “Trump court pick sparks frustration for refusing to answer questions.”

Kevin Daley of The Daily Caller reports that “Trump Judicial Pick, A Child Of Jewish Refugees, Calls Racism Allegations ‘Hurtful.’

Jennifer Bendery of HuffPost reports that “Steven Menashi Made His Senate Confirmation Hearing Even Worse Than Expected; The controversial judicial nominee angered Republicans and Democrats by not addressing the work he’s done for Trump.”

And online at Esquire, Charles P. Pierce has a post titled “Trump’s People Tried to Rush This Judge Through the Senate. I Can See Why.”

Posted at 10:04 PM by Howard Bashman



“Pa. high court hears arguments in Philly over constitutionality of death penalty”: Julie Shaw of The Philadelphia Inquirer has this report.

Posted at 4:35 PM by Howard Bashman



“All fired up: The Supreme Court mulls whether to ditch a gun-rights case; Democratic and Republican senators are browbeating the justices in a high-profile clash over the Second Amendment.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 3:46 PM by Howard Bashman



Access online the Summer 2019 edition of “Appellate Issues,” a publication of the ABA’s Council of Appellate Lawyers: The edition’s theme is “Niche Appellate Practice,” and you can access its contents via this link.

Posted at 3:42 PM by Howard Bashman



“U.S. Supreme Court will decide Michigan transgender woman’s employment discrimination case”: Michigan Radio has this report.

Posted at 1:42 PM by Howard Bashman



“Lake Oswego High grad to clerk for the Supreme Court; Class of 2009 grad Caroline Lindsay recently began a clerkship with Justice Clarence Thomas”: Claire Holley of The Lake Oswego (Ore.) Review has this report.

Posted at 1:32 PM by Howard Bashman



“Saving the Supreme Court: What’s needed is to make the Court more democratically accountable and to end strategic retirements; Here’s how.” Frederick A.O. (“Fritz”) Schwarz, Jr. has this article in the Fall 2019 issue of Democracy: A Journal of Ideas.

Posted at 1:20 PM by Howard Bashman



“Christian florist again appeals to Supreme Court over same-sex wedding refusal”: Alex Swoyer of The Washington Times has this report.

You can access the petition for writ of certiorari at this link.

Posted at 1:12 PM by Howard Bashman



“Family says student killed himself after UT-Arlington wrongfully punished him over gay slur; Thomas Klocke said the student was flirting with him; But the other student said Klocke insulted him with a gay slur and told him to consider suicide”: Liz Farmer of The Dallas Morning News had this article back in June 2017.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision refusing to overturn the district court’s entry of summary judgment against the deceased student’s estate on its Title IX claim against the university.

Posted at 10:16 AM by Howard Bashman



Tuesday, September 10, 2019

“Sotomayor Works to Build Ties with Trump’s Court Appointees; Justice says these relationships could moderate the Supreme Court’s shift to right”: Jess Bravin of The Wall Street Journal has this report.

Posted at 8:36 PM by Howard Bashman



“The Dan Markel Case: Trial Approaches; When will the trial of Sigfredo Garcia and Katherine Magbanua get underway? And what’s the latest about Dan Markel’s ex-wife, Wendi Adelson?” David Lat has this post at “Above the Law.”

Posted at 8:02 PM by Howard Bashman



The Ninth Circuit has posted on YouTube videos of the programming from its recent Judicial Conference in Spokane: If, like me, you didn’t get to attend the Ninth Circuit’s recent Judicial Conference in Spokane, you can now view the video of many of the sessions on YouTube (scroll down).

Among the sessions that readers of this blog may find of interest (with links to the corresponding YouTube videos) are:

Posted at 7:41 PM by Howard Bashman



“California Law Censoring Ages on IMDb Faces Skepticism From Appeals Court; SAG-AFTRA attempts — and struggles — to reverse a federal judge’s ruling that AB 1687 is unconstitutional”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

The U.S. Court of Appeals for the Ninth Circuit has posted on YouTube at this link the video of yesterday’s oral argument.

Posted at 7:10 PM by Howard Bashman



“Trump’s asylum ban may be a loyalty test for the Supreme Court; Trump’s own appointee is in a special bind: sacrifice his principles or say no to Trump.” Ian Millhiser has this essay online at Vox.

Posted at 6:21 PM by Howard Bashman



“Federal Court Says North Dakota Can’t Force Doctors to Promote the ‘Abortion Reversal’ Myth; A rare victory for the First Amendment rights of abortion providers”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 5:48 PM by Howard Bashman



“The Perils of Semi-Legal Poker: By exploiting a legal loophole, two friends tried to build gambling businesses in Texas; They were dealt very different hands.” Kashmir Hill has this report online at The New Yorker.

Posted at 4:08 PM by Howard Bashman



“Clarence Thomas’s Radical Vision of Race: Thomas has moved from black nationalism to the right; But his beliefs about racism, and our ability to solve it, remain the same.” Corey Robin has this essay online at The New Yorker.

Posted at 3:16 PM by Howard Bashman