How Appealing



Friday, November 8, 2019

“Court: Life sentence not finished until death is permanent.” Matt Milner of The Ottumwa (Iowa) Courier has an article that begins, “The Iowa Court of Appeals has rejected the claims of a Wapello County man convicted of murder in 1997 who said a medical emergency fulfilled his life sentence.”

Nicholas Bogel-Burroughs of The New York Times reports that “A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence; A court in Iowa found that a murderer who was revived ‘is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot.’

And Brendan O’Brien of Reuters reports that “Iowa inmate sentenced to life argues he briefly died and should be released.”

You can access Wednesday’s ruling of the Court of Appeals of Iowa at this link.

Posted at 9:10 PM by Howard Bashman



“Forsaken by Trump, immigrant ‘Dreamers’ seek U.S. Supreme Court reprieve”: Lawrence Hurley of Reuters has this report.

Posted at 4:48 PM by Howard Bashman



“Democrats Are About to Lose the Federal Courts for a Lifetime; If Democrats don’t take bold action and make the federal courts an electoral priority, we will lose them for a lifetime”: Jessica Mason Pieklo has this essay online at Rewire.News.

Posted at 4:40 PM by Howard Bashman



Thursday, November 7, 2019

“Detroit’s Schools Are Unconstitutionally Unequal; Does the Constitution permit such shoddy treatment of schoolchildren? We may soon learn a federal court’s answer.” Eli Savit has this essay online at The New York Times.

Posted at 10:44 PM by Howard Bashman



“Simon Tam Just Wanted to Play Dance Rock. Then the Supreme Court Got Involved.” Amanda LeClaire had this audio segment on today’s broadcast of “CultureShift” on WDET Radio, Detroit’s NPR Station.

Posted at 10:22 PM by Howard Bashman



“Who would throw a misbehaving Supreme Court justice off the court? The other justices.” Columnist James Gill has this essay online at The Times-Picayune of New Orleans.

Posted at 10:14 PM by Howard Bashman



“Steven Menashi, legal adviser on Trump immigration policy, moves closer to federal court seat”: Alex Swoyer of The Washington Times has this report.

Marianne LeVine of Politico reports that “Senate Judiciary Committee advances controversial Trump pick; ‘He’s different than I would have chosen,’ Lindsey Graham says.”

Jennifer Bendery of HuffPost reports that “Senate Advances Contentious Judicial Nominee Steven Menashi; He’s denounced women’s rights and diversity; He refused to answer senators’ questions; Republicans voted to move him forward anyway.”

And Tim Ryan of Courthouse News Service reports that “Controversial Second Circuit Pick Moves to Full Senate Vote.”

Posted at 9:03 PM by Howard Bashman



“After Menashi Vote, Trump Is Poised to Flip a Key Court; Trump’s 2nd Circuit nominees will have power over several lawsuits against the president”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 4:50 PM by Howard Bashman



“These lawyers battle corporate America — and keep its secrets; Plaintiff attorneys portray themselves as champions of court transparency for the broader public good, but in many big product liability cases, their interests perpetuate a system that keeps potentially life-saving information hidden”: Jaimi Dowdell and Benjamin Lesser of Reuters have this report.

Posted at 3:56 PM by Howard Bashman



“Can a black entertainment mogul sue Comcast for discrimination? SCOTUS to decide.” Mark Walsh has this article online at the ABA Journal.

Posted at 3:27 PM by Howard Bashman



“U.S. Senate confirms Washington County Judge Danielle Hunsaker for 9th Circuit federal appeals court seat”: Maxine Bernstein of The Oregonian has this report.

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled “Senate Confirms Oregon Judge Danielle J. Hunsaker to Seat on Ninth Circuit Court of Appeals.”

Yesterday, the U.S. Senate voted to confirm Judge Danielle J. Hunsaker of the Washington County (Ore.) Circuit Court to the U.S. Court of Appeals for the Ninth Circuit by a vote of 73-to-17.

Posted at 1:42 PM by Howard Bashman



“The Fragility of Immigrants’ Constitutional Protections; Recent cases have claimed that our founding document doesn’t defend noncitizens — even on American soil”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 1:12 PM by Howard Bashman



“The controversy over ‘ethnonationalism’ and a Trump judicial nominee, explained; Steven Menashi’s transformation from campus troll to federal appellate judge is almost complete”: Ian Millhiser has this essay online at Vox.

Posted at 12:42 PM by Howard Bashman



“Senate panel clears controversial Trump court pick”: Jordain Carney of The Hill has a report that begins, “The Senate Judiciary Committee on Thursday advanced a controversial appeals court nominee after weeks of being in limbo. Senators voted 12-10 along party lines to send Steven Menashi’s nomination to the U.S. Court of Appeals for the 2nd Circuit to the full Senate.”

Ariane de Vogue of CNN reports that “Controversial nominee gets through Senate Judiciary Committee.”

And Madison Alder of Bloomberg Law reports that “Trump Second Circuit Nominee Menashi Narrowly Advances.”

You can view online at this link the video of today’s Executive Business Meeting of the U.S. Senate Judiciary Committee.

Posted at 12:24 PM by Howard Bashman



“The Supreme Court Confronts DACA: Will the justices allow the Trump administration to toss out the Dreamers?” Linda Greenhouse has this essay online at The New York Times.

Posted at 12:20 PM by Howard Bashman



Wednesday, November 6, 2019

“Supreme Court Weighs Limits on Water Pollution Law; The lively argument included discussions of whiskey punch and the novels of Agatha Christie”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Justices seem to want to avoid extremes in Clean Water Act case.”

Mark Sherman of The Associated Press reports that “Justices seem uncertain about reach of Clean Water Act.”

Ariane de Vogue of CNN reports that “Supreme Court grapples with how to control water pollution.”

David Douglas of NBC News reports that “Justices hear arguments in showdown over Clean Water Act; Environmental groups caution the case could open the door to unregulated pollution.”

John Kruzel of The Hill reports that “Justices wrestle with reach of Clean Water Act.”

Pamela King and Ariel Wittenberg of Greenwire have an article headlined “‘Whiskey in punch’? Justices probe Clean Water Act’s limits.”

Jack Rodgers of Courthouse News Service reports that “Maui Sewage Case Makes a Supreme Court Splash.”

Nick Grube of Honolulu Civil Beat reports that “US Supreme Court Hears Maui Pollution Case As Mayor, Council Fight Continues; The high profile case is now in the hands of the justices, but if the Maui County Council gets its way a decision may never come.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Justices Searching For A Compromise In Major Environmental Case.”

Posted at 10:25 PM by Howard Bashman



“Appeals Court Nominee Shaped DeVos’s Illegal Loan Forgiveness Effort; Steven Menashi, who faces a key vote Thursday, helped devise an Education Department plan to use Social Security data to deny students debt relief, an effort that a judge ruled violated privacy laws”: Erica L. Green of The New York Times has this report.

Posted at 10:10 PM by Howard Bashman



“The Dangers of Trump’s Lower Court Judges: The president is packing courts with extremists.” Slate has posted online this new installment of its “Trumpcast” podcast, in which León Krauze speaks with Mark Joseph Stern.

Posted at 9:14 PM by Howard Bashman



“The Equal Rights Amendment May Pass Now. It’s Only Been 96 Years. Virginia, soon to be under Democratic control, will likely be the 38th state to ratify the amendment. The Supreme Court could decide what happens next.” Maggie Astor of The New York Times has this report.

Posted at 8:40 PM by Howard Bashman



“Trump, Republican Allies Celebrate Judicial Appointments; The president also complained about judges issuing injunctions that block his policies nationwide”: Catherine Lucey and Brent Kendall of The Wall Street Journal have this report.

Alex Swoyer of The Washington Times reports that “Trump, McConnell tout remaking of the federal judiciary: ‘They will uphold our Constitution.’

Gregg Re of Fox News reports that “Trump celebrates judicial appointment milestone with onetime rivals.”

And Gabbt Orr of Politico reports that “Fighting impeachment, Trump leans into an enduring legacy; The president is trying to bolster support among conservatives by heralding his efforts to ensure conservative control of the judiciary.”

The White House has posted online “Remarks by President Trump on Federal Judicial Confirmation Milestones.”

Posted at 7:25 PM by Howard Bashman



“Justice Robert Luck — Nominee to the U.S. Court of Appeals for the Eleventh Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 6:17 PM by Howard Bashman



“Supreme Court leans toward expanding Clean Water Act to protect oceans from wastewater”: David G. Savage of The Los Angeles Times has this report.

Lawrence Hurley of Reuters reports that “U.S. Supreme Court weighs important environmental case from Hawaii.”

Greg Stohr of Bloomberg News reports that “Supreme Court Justices Grapple With Scope of Clean Water Act.”

Tucker Higgins of CNBC reports that “Supreme Court casts doubt on Trump-backed ‘loophole’ in Clean Water Act.”

And in commentary, today’s edition of The Wall Street Journal contains an editorial titled “Regulatory Mop Up at the Court; The Justices consider an illegal expansion of the Clean Water Act.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in County of Maui v. Hawaii Wildlife Fund, No. 18-260.

Posted at 1:26 PM by Howard Bashman