How Appealing



Thursday, October 24, 2019

“Will the Supreme Court Stand Up for an Unarmed Mexican Teenager Shot by a Border Agent? At stake is whether people will still be able to sue federal officials for violating the Constitution.” Linda Greenhouse has this essay online at The New York Times.

Posted at 1:30 PM by Howard Bashman



Wednesday, October 23, 2019

“Institute Gives $1 Million Prize to Justice Ginsburg; Money will be distributed to charities and nonprofits she designates”: Jess Bravin of The Wall Street Journal has this report.

Posted at 10:35 PM by Howard Bashman



“‘The Idea Was To Get Rid Of Me’: Justice Clarence Thomas Speaks About His Confirmation Fight in New Documentary.” Tessa Berenson of Time magazine has this report.

Posted at 8:06 PM by Howard Bashman



“The Resilience of Obamacare in Reality if not Necessarily in the Trump-Packed Courts”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 4:28 PM by Howard Bashman



“Susan Collins Will Oppose Controversial Judicial Nominee Steven Menashi; She is the first Republican senator to come out against Trump’s court pick, who has a record of opposing rights for women, LGBTQ people and minorities”: Jennifer Bendery of HuffPost has this report.

Posted at 4:22 PM by Howard Bashman



“The Judges Republicans Are Doing It All For: Trump nominated his fifth judge rated ‘not qualified’ by the American Bar Association this week; She’s never tried a case.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 2:03 PM by Howard Bashman



“Trump Taxes: Judges Seem Skeptical of Bid to Block Subpoena for Returns; President Trump is appealing a ruling ordering him to abide by a subpoena from state prosecutors to turn over eight years of tax returns.” Benjamin Weiser and Azi Paybarah of The New York Times have this report.

Ann E. Marimow and Jonathan O’Connell of The Washington Post report that “In court hearing, Trump lawyer argues a sitting president would be immune from prosecution even if he were to shoot someone.”

Brendan Pierson of Reuters reports that “Trump could shoot someone and escape prosecution, his lawyer argues.”

Bob Van Voris of Bloomberg News reports that “Trump Lawyer Sees Presidential Immunity — Even for Shooting.”

Pete Williams of NBC News has a report headlined “Trump’s lawyers argue he can’t be charged while in office — even if he shoots someone; ‘That’s your position?’ asked federal appeals court Judge Denny Chin. ‘That is correct,’ the president’s lawyer responded.”

And Marshall Cohen of CNN reports that “Trump couldn’t be prosecuted for a Fifth Avenue shooting while in office, his lawyer argues.”

C-SPAN has posted online at this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Second Circuit.

Posted at 1:40 PM by Howard Bashman



“Supreme Court Lets Climate Change Lawsuit Proceed; The court’s brief order addressed a threshold question: Should climate suits filed by state and local governments be heard in state or federal court?” Adam Liptak has this article in today’s edition of The New York Times.

And Greg Stohr of Bloomberg News reports that “Oil Companies Rejected by Supreme Court on Climate Change Suits.”

You can access yesterday’s order of the U.S. Supreme Court at this link.

Posted at 1:29 PM by Howard Bashman



“Cortez fisherman struggles after Supreme Court win”: In today’s edition of The Sarasota Herald-Tribune, columnist Chris Anderson has a front page essay that begins, “Cortez fisherman John Yates had a bizarre conviction for missing grouper overturned by the Supreme Court in 2015. It came at a cost.”

Posted at 1:20 PM by Howard Bashman



“Supreme Court Justice Elena Kagan shares wisdom, laughs Tuesday during CU Boulder lecture”: Kelsey Hammon has this front page article in today’s edition of The Boulder Daily Camera.

Posted at 1:16 PM by Howard Bashman



“Supreme Court Justice Clarence Thomas to teach UF law class”: April Rubin of The Independent Florida Alligator has this report.

Posted at 1:09 PM by Howard Bashman



“Supreme Court Justice Ruth Bader Ginsburg awarded $1 million prize for ‘thinkers’ in philosophy and culture”: Richard Wolf of USA Today has this report.

Posted at 1:06 PM by Howard Bashman



Tuesday, October 22, 2019

“Associate Justice Elena Kagan says U.S. Supreme Court not partisan, despite current political climate; The justice spoke Tuesday night at CU Boulder”: Saja Hindi of The Denver Post has this report.

The University of Colorado Law School has posted the video of Justice Kagan’s remarks on YouTube at this link.

Posted at 11:48 PM by Howard Bashman



“An overlooked consequence of the Supreme Court’s gerrymandering rulings: Stricter abortion laws.” Reis Thebault of The Washington Post has this report.

Posted at 11:42 PM by Howard Bashman



“Ninth Circuit Upholds Block on Expanded Exemptions for Birth Control Coverage”: Nicholas Iovino of Courthouse News Service has this report.

Mary Anne Pazanowski of Bloomberg Law has a report headlined “Trump Birth Control Religious Opt-Out Properly Blocked: Ninth Circuit.”

And in commentary, online at The Los Angeles Times, Jon Healey has an essay titled “California’s battle with Trump over contraception isn’t just about contraception.”

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

Posted at 10:15 PM by Howard Bashman



“Laura Kelly will soon pick a Supreme Court justice. One finalist could spur backlash.” Jonathan Shorman of The Wichita Eagle has this report.

Posted at 7:44 PM by Howard Bashman



“People still trust the Supreme Court. Democrats, don’t mess that up.” Columnist Kathleen Parker has this essay online at The Washington Post.

Posted at 7:34 PM by Howard Bashman



“When the Government Seizes Your Embryos; In Poland, single women who have frozen embryos are now barred from accessing them”: Anna Louie Sussman has this post online at The New Yorker.

Posted at 4:08 PM by Howard Bashman



“A new poll finds strong support for the Supreme Court ending LGBTQ discrimination; Neil Gorsuch’s fears of ‘social upheaval’ don’t seem justified”: Ian Millhiser has this essay online at Vox.

Posted at 3:32 PM by Howard Bashman



“Supreme Court Justice Kagan encourages, amuses crowd at U lecture; Supreme Court Justice Elena Kagan shares insights, anecdotes at U”: Rochelle Olson of The Minneapolis Star Tribune has this report.

Joe Kelly of the Minnesota Daily reports that “Supreme Court Justice Kagan visits UMN, speaks on gender diversity of the court; Supreme Court Justice Elena Kagan shared her thoughts on female representation on the court and her love for the job.”

Steve Karnowski of The Associated Press has a report headlined “Justice Kagan: High court must avoid partisan perceptions.”

And Matt Sepic of MPR News has a report headlined “Justice Kagan: U.S. Supreme Court more complicated than the divided public knows.”

Posted at 3:30 PM by Howard Bashman



“Roger Stone’s Plea for Social Media Comeback Fails at Appeals Court”: Andrew M Harris of Bloomberg News has this report.

Josh Gerstein of Politico reports that “Court rejects Roger Stone challenge to gag order.”

And Zoe Tillman of BuzzFeed News reports that “Roger Stone Lost His Appeal Of The Gag Order Barring Him From Posting On Twitter, Facebook, And Instagram; Stone’s trial is set to begin next month.”

You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 1:40 PM by Howard Bashman



“Judge sets retrial date for Katherine Magbanua in Dan Markel killing”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 1:33 PM by Howard Bashman



“Ruth Bader Ginsburg visits UC Berkeley, recounts her fights for women’s rights”: Bob Egelko of The San Francisco Chronicle has this report.

Casey Tolan of The East Bay Times reports that “Ruth Bader Ginsburg reassures fans she’s doing ‘very well’ at UC Berkeley talk; ‘If you have survived cancer, you have a zest for life that you didn’t before.’

And Ariane de Vogue and Chandelis Duster of CNN report that “Ruth Bader Ginsburg says she never stopped working out during pancreatic cancer treatment.”

The UC Berkeley School of Law has posted on YouTube a video of the event titled “A Conversation with Justice Ruth Bader Ginsburg.”

Posted at 1:25 PM by Howard Bashman



“Textualism as pretext in the LGBTQ discrimination cases”: Tonja Jacobi and Matthew Sag have this post at the “SCOTUS OA” blog.

Posted at 1:06 PM by Howard Bashman



“Justice Story on Originalism and Judicial Independence; An old argument against ‘flexible and changeable interpretation'”: Stephen Sachs has this post at “The Volokh Conspiracy.”

Posted at 1:03 PM by Howard Bashman



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