How Appealing



Tuesday, October 1, 2019

“Harvard doesn’t discriminate against Asian-Americans in admissions, judge rules”: Deirdre Fernandes of The Boston Globe has this report.

Anemona Hartocollis of The New York Times reports that “Harvard Admissions Process Does Not Discriminate Against Asian-Americans, Judge Rules.”

Nick Anderson of The Washington Post reports that “Federal judge rules Harvard does not discriminate against Asian Americans in admissions.”

Melissa Korn of The Wall Street Journal reports that “Judge Rules Harvard’s Race-Conscious Admissions Policy Constitutional; Federal judge finds university doesn’t intentionally discriminate based on race in admissions.”

Collin Binkley of The Associated Press reports that “Federal judge upholds affirmative action at Harvard.”

Jonathan Stempel of Reuters reports that “U.S. judge rejects claim Harvard discriminates against Asian-American applicants.”

Patricia Hurtado of Bloomberg News reports that “Harvard Defeats Suit Seeking to Bar Race-Conscious Admission.”

And Salvador Hernandez of BuzzFeed News reports that “Harvard University Is Allowed To Use Race As A Factor In Its Admissions Process, A Judge Ruled; A federal lawsuit accused the Ivy League school of discriminating against Asian American students by considering race in its admissions standards.”

Posted at 10:40 PM by Howard Bashman



“Federal judge blocks Georgia anti-abortion law”: Maya T. Prabhu of The Atlanta Journal-Constitution has this report.

Nicquel Terry Ellis of USA Today reports that “Federal judge blocks Georgia’s abortion ban, stopping ‘heartbeat bill’ from becoming law.”

Kate Brumback of The Associated Press reports that “Federal judge temporarily blocks Georgia abortion law.”

Tal Axelrod of The Hill reports that “Federal judge temporarily blocks Georgia abortion law.”

And Ema O’Connor of BuzzFeed News reports that “A Judge Has Blocked Georgia’s Law Banning Abortion After Six Weeks; The law also declared a fetus a ‘natural person,’ but it ‘failed to address’ what that would mean legally, the judge wrote.

You can access today’s ruling of the U.S. District Court for the Northern District of Georgia at this link.

Posted at 10:25 PM by Howard Bashman



“Top Racial Justice Group Opposes Trump Court Pick Steven Menashi; He has ‘dedicated the majority of his legal career to rolling back critical civil rights protections,’ the NAACP Legal Defense & Educational Fund said”: Jennifer Bendery of HuffPost has this report.

Posted at 8:55 PM by Howard Bashman



“Congress Should Go to the Supreme Court Right Away; The country needs to know the limits of executive privilege”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 2:08 PM by Howard Bashman



“Court Upholds Net Neutrality Repeal, With Some Caveats”: David McCabe of The New York Times has this report.

Tony Romm of The Washington Post reports that “Appeals court upholds FCC’s cancelling of net neutrality rules; But the 200-page ruling says the FCC can’t stop states from setting their own regulations.”

Brent Kendall of The Wall Street Journal reports that “FCC Rollback of Net Neutrality Rules Is Partly Upheld by Appeals Court; Court throws out part of agency’s rules that sought to preempt state regulation.”

Marcy Gordon of The Associated Press has a report headlined “Court: FCC can dump net neutrality, but can’t bar state laws.”

David Shepardson of Reuters reports that “Net neutrality rules could return at state level under mixed U.S. court decision.”

Andrew M Harris and Todd Shields of Bloomberg News reports that “FCC’s Gutting of Obama-Era Net Neutrality Rules Upheld by Court.”

Brian Fung of CNN Business reports that “Appeals court upholds net neutrality rules but provides path for states to push back.”

Stephanie Pagones of Fox Business reports that “Appeals court upholds FCC net neutrality rollback.”

Margaret Harding McGill of Politico reports that “Court mostly OKs FCC’s net neutrality repeal but lets states craft their own rules.”

Harper Neidig of The Hill reports that “Appeals court upholds net neutrality repeal but rules FCC can’t block state laws.”

Jon Brodkin of Ars Technica reports that “Ajit Pai wins (and loses) in court as net neutrality repeal is mostly upheld; Court upholds repeal of US rules but rejects FCC attempt to block state laws.”

Marguerite Reardon of c|net has a report headlined “Net neutrality court ruling: States can set own rules; A federal court upholds the FCC’s repeal of Obama-era rules, but slams the agency for preempting state net neutrality laws.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Ashley Cullins has a post titled “FCC’s Net Neutrality Repeal Largely Upheld by Appeals Court; The D.C. Circuit Court of Appeals has tossed part of the Trump Administration’s Restoring Internet Freedom order.”

You can access today’s lengthy per curiam ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, in which each of the judges on the panel wrote separately, at this link.

Posted at 2:04 PM by Howard Bashman



“Dan Markel trial: Wendi Adelson’s ex-boyfriend testifies about chilling statement about hitman.” Karl Etters of The Tallahassee Democrat has this report.

Posted at 1:42 PM by Howard Bashman



“Antiabortion law spreads in East Texas as ‘sanctuary city for the unborn’ movement expands”: Emily Wax-Thibodeaux of The Washington Post has this report.

Posted at 1:27 PM by Howard Bashman



“Brett Kavanaugh’s Washington: A smaller, colder world for a justice under a cloud.” Roxanne Roberts of The Washington Post has this report.

Posted at 1:04 PM by Howard Bashman



“Trump’s DOJ just escalated the fight over whether religion is a license to discriminate; Trump’s Justice Department has waded into an Indiana discrimination case, opening a new front in the battle over who can ignore civil rights laws”: Ian Millhiser has this essay online at Vox.

Posted at 10:54 AM by Howard Bashman



“On October 1, 2019, Judge Priscilla Richman Owen of Austin, Texas, becomes the Chief Judge of the United States Court of Appeals for the Fifth Circuit”: The Circuit Executive’s Office of the U.S. Court of Appeals for the Fifth Circuit issued this news release yesterday.

According to the news release, “She received the highest score on the November 1977 Texas bar examination at age 23,” and from all accounts Judge Owen has continued to excel in resolving those appeals whose outcome is presented in multiple-choice format.

Some may opine that achieving the highest bar exam score is a sure sign of someone who studied way too much for what is essentially a pass-fail exercise, but yesterday’s press release demonstrates that the achievement can continue to be invoked endlessly at the recipient’s option.

Posted at 10:30 AM by Howard Bashman



“Can States Eliminate the Insanity Defense? A fascinating and important criminal law case to be argued next week on the first day of the new Supreme Court Term.” Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 8:53 AM by Howard Bashman