How Appealing



Thursday, December 12, 2019

“Federal appeals panel: Title IX suit against Michigan State, Maybank has no legal basis.” Megan Banta of The Lansing State Journal has this report.

And Hannah Brock of The State News, the student newspaper of Michigan State University, reports that “Michigan State Title IX case dismissed.”

You can access today’s ruling of a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, in which all three judges wrote separately, at this link.

Posted at 11:35 PM by Howard Bashman



“Georgia wins major victory in legal fight with Florida over water use; Judge’s recommendation now heads to Supreme Court”: Tamar Hallerman of The Atlanta Journal-Constitution has this report.

Jaewon Kang of The Wall Street Journal reports that “Judge Sides With Georgia Over Florida in Water-Use Dispute; Supreme Court to review the long-running dispute over management to Flint and Chattahoochee rivers.”

Kristin Lam of USA Today reports that “Georgia gains major court victory over Florida in decades-long dispute over Apalachicola Bay water use.”

Jeff Gill of The Times of Gainesville, Georgia has an article headlined “Did Georgia just win the water war? Judge issues what could be final ruling.”

Russ Bynum and Brendan Farrington of The Associated Press report that “Judge recommends Georgia prevail in water war with Florida.”

And Jim Saunders of News Service of Florida reports that “Florida’s arguments rejected in ‘water war’ over Apalachicola River, oyster industry.”

The U.S. Supreme Court appointed Senior Tenth Circuit Judge Paul J. Kelly, Jr. to serve as Special Master in this case, and you can access his report issued yesterday at this link.

Posted at 10:10 PM by Howard Bashman



“Divided Court Hears Trump Emoluments Case: ‘We Are Up Here Winging It’; A hearing in Virginia was the first time a full appeals panel has considered the anticorruption clauses of the Constitution.” Sharon LaFraniere of The New York Times has this report.

Jonathan O’Connell and Ann E. Marimow of The Washington Post report that “Trump’s D.C. hotel is at the center of anti-corruption, emoluments lawsuit.”

Brent Kendall of The Wall Street Journal reports that “Judges Spar Over Emoluments Suit Against Trump; The president is seeking the lawsuit’s dismissal.”

Denise Lavoie of The Associated Press reports that “Appeals court rehears arguments in Trump hotel lawsuit.”

Andrew M Harris of Bloomberg News reports that “Trump Doesn’t Think Emoluments Clause Is Phony, U.S. Tells Court.”

Katelyn Polantz of CNN reports that “Appeals court divided on future of lawsuit over Trump hotel.”

Josh Gerstein of Politico has an article headlined “‘This one’s a lemon’ vs. ‘Is he above the law?’: Judges spar over Trump emoluments case.”

And Erika Williams of Courthouse News Service reports that “En Banc Fourth Circuit Split in Suit Over Trump Hotel.”

The U.S. Court of Appeals for the Fourth Circuit has posted online here and here the audio of the oral arguments of the two cases that the court reheard en banc today.

Posted at 9:54 PM by Howard Bashman



“U.S. Supreme Court urged to enter fight over ‘excessive’ Pa. Turnpike tolls”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

Posted at 9:28 PM by Howard Bashman



“‘You Are Acting Inappropriately’: 2nd Circuit Scolds Lawyer Before Kicking Him Out; In an interview hours after the hearing, New York lawyer Todd Bank said he could have been more cordial, but he didn’t regret his comments in court.” Nate Robson of the New York Law Journal has this report.

You can access the audio of this three minute and 37 second oral argument at this link.

Putting aside this particular oral argument, even the best oral advocates often react noticeably when they perceive at oral argument that the court may not be in agreement with their side of the case. Some begin to argue more rapidly, while others may begin to argue more forcefully or in a less servile manner.

Posted at 9:10 PM by Howard Bashman



“Is Trump Immune From Investigation? The Supreme Court May Soon Decide. The conservative movement has used Trump’s scandals to advance a radical theory of power.” Paul Blumenthal of HuffPost has this report.

Posted at 8:54 PM by Howard Bashman



“William Barr Is Attacking His Own Department; The attorney general is undercutting the public’s trust in his own employees”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 8:30 PM by Howard Bashman



“Snap, U.S. Chamber want 9th Circuit to review unusual class certification ruling”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:27 PM by Howard Bashman



“Appeals court questions whether Boston Marathon bombing jury was biased”: Milton J. Valencia of The Boston Globe has this report.

And Philip Marcelo of The Associated Press has a report headlined “Did marathon bomber get fair trial? Court weighs arguments.”

Earlier, in today’s edition of The Boston Herald, Rick Sobey has articles headlined “Boston Marathon bomber Dzhokhar Tsarnaev faces ‘punishment beyond the death penalty’ at Supermax: Ex-warden; Tsarnaev’s legal team argues appeal Thursday” and “Dzhokhar Tsarnaev’s company in Supermax: The federal Supermax prison in Colorado is home to the ‘Unabomber’ and ‘El Chapo.’

And Andrew Martinez of The Boston Herald previewed today’s oral argument in an article headlined “Tsarnaev lawyers want Appeals Court to grant new trial, overturn death penalty.”

You can access at this link the audio of today’s one hour and 55 minute oral argument before a three-judge panel of the U.S. Court of Appeals for the First Circuit.

Posted at 4:06 PM by Howard Bashman



“Conservative Justices Aren’t About to Abolish the Government; Reviving the ‘nondelegation doctrine’ isn’t going to happen”: Ramesh Ponnuru has this essay online at Bloomberg Opinion.

Posted at 1:52 PM by Howard Bashman



“William Barr is unfit to be attorney general”: Former U.S. Attorney General Eric H. Holder Jr. has this op-ed in today’s edition of The Washington Post.

Posted at 1:30 PM by Howard Bashman



“Trump tightens grips on judges as McConnell wins 50th Circuit pick; And Republicans are working to confirm even more judges before the Senate recesses next week”: Burgess Everett of Politico has this report.

Posted at 1:28 PM by Howard Bashman