How Appealing



Monday, October 21, 2019

“Family suing for wrongful death in son’s 2013 killing by Kaufman County deputies”: Fox 4 News of Dallas-Fort Worth had this report back in March 2016.

Today, the U.S. Court of Appeals for the Fifth Circuit issued this order, and dissents therefrom, denying rehearing en banc by a 10-to-6 vote from a divided three-judge panel’s ruling reversing the district court’s entry of summary judgment in favor of the county. [Update: This post has been corrected to delete language that erroneously stated that the three-judge panel had reversed the district court’s entry of summary judgment in favor of the deputies. In fact, the panel affirmed that aspect of the district court’s ruling. Thanks to the reader who drew this error to my attention.]

Posted at 10:09 PM by Howard Bashman



“Voters reject Democrats’ court-packing, say Trump should fill any 2020 vacancy”: Stephen Dinan and Alex Swoyer of The Washington Times have this report.

Posted at 7:58 PM by Howard Bashman



“Supreme Court tosses Michigan gerrymandering ruling in GOP win”: Keith Laing and Melissa Nann Burke of The Detroit News have this report.

Todd Spangler of The Detroit Free Press has an article headlined “US Supreme Court overturns ruling in Michigan gerrymandering case: What it means.”

Lauren Gibbons of MLive reports that “U.S. Supreme Court overturns Michigan gerrymandering ruling.”

Andrew Chung of Reuters reports that “Supreme Court tosses challenge to Republican-drawn Michigan electoral maps.”

Greg Stohr of Bloomberg News reports that “Supreme Court Tosses Michigan Gerrymandering Ruling in GOP Win.”

Pete Williams of NBC News reports that “Supreme Court wipes out ruling on Michigan partisan gerrymander; The court had already declared in June that such challenges involve an essentially political issue, beyond the authority of federal courts to resolve.”

Harper Neidig of The Hill reports that “Supreme Court throws out challenge to Michigan electoral map.”

And Todd Ruger of Roll Call reports that “Supreme Court erases Michigan gerrymandering ruling; Justices decided in June that federal courts can’t rein in politicians who draw political maps to entrench a partisan advantage.”

Posted at 7:52 PM by Howard Bashman



“The Supreme Court is Poised to Blow A Giant Hole in Gun Control. Here’s How the Liberal Justices Can Intervene.” Aaron Tang has this post at the “Harvard Law Review Blog.”

Posted at 5:15 PM by Howard Bashman



“Manhattan DA, Trump lawyers strike deal that could fast-track Trump taxes fight to SCOTUS”: Josh Gerstein of Politico has this report.

Posted at 4:40 PM by Howard Bashman



“State Supreme Court to hear arguments over Wisconsin’s lame-duck laws”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 1:51 PM by Howard Bashman



“As Court Case Imperils Affordable Care Act, Some States Prepare Contingency Plans; Lawmakers explore ways to preserve coverage, benefits if the health law is struck down”: Stephanie Armour of The Wall Street Journal has this report.

Posted at 1:12 PM by Howard Bashman



“Is Oral Argument Talking Time All It’s Cut Out to Be?” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 12:50 PM by Howard Bashman



“Severability Doctrine in the Fifth Circuit; At least two judges favor Justice Thomas’s approach to severability”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 12:46 PM by Howard Bashman



“National poll: Majority of Americans lacks confidence in President Trump when it comes to making Supreme Court picks.” Craig Gilbert and Richard Wolf of USA Today have this report, along with an article headlined “Who’s the best known justice on the Supreme Court? Brett Kavanaugh tops Ruth Bader Ginsburg.”

The Marquette University Law School today issued a news release titled “New nationwide Marquette Law School Poll finds confidence in U.S. Supreme Court overall, though more pronounced among conservatives.” You can access the poll’s detailed results via this link.

Posted at 11:21 AM by Howard Bashman



“All Courts Should Abolish the Need for Amici to Seek Leave of the Parties; And pro hac vice fees should be waived for counsel representing amici pro bono”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:38 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

And in Lipschultz v. Charter Advanced Servs. (MN), LLC, No. 18-1386, Justice Clarence Thomas issued a concurrence, in which Justice Neil M. Gorsuch joined, in the denial of certiorari.

Posted at 9:32 AM by Howard Bashman



“Airbnb property manager accused of violating law asks Pa. Supreme Court to weigh in on gig economy”: Caitlin McCabe of The Philadelphia Inquirer has this report.

Posted at 8:30 AM by Howard Bashman