How Appealing



Wednesday, December 18, 2019

“Trump Impeached for Abuse of Power and Obstruction of Congress; Voting nearly along party lines, the House approved two articles of impeachment against President Trump, making him the third president in history to face removal by the Senate”: Nicholas Fandos and Michael D. Shear of The New York Times have this report.

Philip Rucker, Felicia Sonmez, and Colby Itkowitz of The Washington Post report that “Trump is impeached by the House, creating an indelible mark on his presidency.”

Jennifer Haberkorn, Sarah D. Wire, Chris Megerian, and Molly O’Toole of The Los Angeles Times report that “House majority impeaches President Trump.”

Siobhan Hughes and Natalie Andrews of The Wall Street Journal report that “House Votes to Impeach Trump; Democrats and Republicans vote almost entirely along party lines; president denounces effort to remove him from office.”

Bart Jansen, Maureen Groppe, and Ledyard King of USA Today report that “House impeaches President Trump in historic vote, setting the stage for Senate trial.”

And Gabriella Muñoz, Alex Swoyer, and S.A. Miller of The Washington Times report that “House impeaches Trump in party-line votes.”

Update: You can access the official roll call vote tallies here (Article I) and here (Article II).

Posted at 9:05 PM by Howard Bashman



“Instant Analysis of Texas v. U.S. (Obamacare Decision) Part I: Standing of Individual Plaintiffs.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:46 PM by Howard Bashman



“No One in the Senate Is Going to Follow the Rules on Impeachment. Try This Instead. Mitch McConnell is a nihilist who is impossible to hold to account. But John Roberts may yet be swayed.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 8:36 PM by Howard Bashman



“Appeals court says Obamacare individual mandate unconstitutional and sends law back to lower court”: Dan Berman, Joan Biskupic, Tami Luhby, and Ariane de Vogue of CNN have this report.

Pete Williams of NBC News reports that “Court strikes down Obamacare’s individual mandate as unconstitutional; The Trump administration backed an effort by Republican attorneys general to invalidate the Affordable Care Act.”

Bill Mears and Morgan Phillips of Fox News report that “Federal appeals court strikes down ObamaCare rule, setting up Supreme Court showdown.”

Noam N. Levey and David G. Savage of The Los Angeles Times report that “Appeals court rules Affordable Care Act insurance mandate unconstitutional, but delays the impact.”

Paul Demko of Politico reports that “Court voids Obamacare mandate — but not the whole law; A lower court now must reconsider fate of the law, likely pushing off a Supreme Court showdown past the election.

Nathaniel Weixel of The Hill reports that “Appeals court strikes ObamaCare mandate, sends case back to lower court.” And Jessie Hellmann of The Hill reports that “California to appeal ObamaCare ruling to Supreme Court.”

Mary Ellen McIntire of Roll Call reports that “Court strikes down individual mandate for Obamacare; The 2010 health care law’s mandate for most Americans to buy insurance is unconstitutional, said a long-awaited 5th U.S. Circuit Court of Appeals ruling.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Selena Simmons-Duffin had an audio segment titled “Fifth Circuit Court Of Appeals Rules ACA Individual Mandate Unconstitutional.”

Posted at 8:12 PM by Howard Bashman



“Obamacare Insurance Mandate Is Struck Down by Federal Appeals Court; But the judges sent the case back to determine if other parts of the federal health care law can stand without the mandate”: Abby Goodnough of The New York Times has this report.

Brent Kendall and Stephanie Armour of The Wall Street Journal report that “Court Rules Affordable Care Act’s Individual Insurance Mandate Is Unconstitutional; The decision doesn’t decide the fate of the health law.”

Richard Wolf of USA Today reports that “Appeals court strikes down part of Affordable Care Act.”

Alex Swoyer and Tom Howell Jr. of The Washington Times report that “Obamacare individual mandate ruled illegal.”

Rebecca Santana and Mark Sherman of The Associated Press have a report headlined “Court: Part of ‘Obamacare’ invalid, more review needed.”

Lawrence Hurley of Reuters reports that “U.S. appeals court sidesteps major Obamacare ruling.”

And Laurel Brubaker Calkins and Lydia Wheeler of Bloomberg News report that “Obamacare Challenge Sent Back to Texas Judge for Review.”

Posted at 6:15 PM by Howard Bashman



“Appeals court rules ACA’s individual mandate unconstitutional; lower court to decide whether rest of law can stand without it”: Amy Goldstein of The Washington Post has this report.

Posted at 5:42 PM by Howard Bashman



“US appeals court rules Obamacare ‘individual mandate’ unconstitutional but leaves law intact for now”: Berkeley Lovelace Jr. and Tucker Higgins of CNBC have this report.

Posted at 5:25 PM by Howard Bashman



Majority on divided Fifth Circuit panel agrees that the Affordable Care Act’s individual mandate is unconstitutional, remands to district court to more carefully consider the question of severability: You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Circuit Judge Jennifer Walker Elrod wrote the majority opinion, in which Circuit Judge Kurt D. Engelhardt joined. Senior Circuit Judge Carolyn Dineen King issued a dissenting opinion.

Posted at 5:00 PM by Howard Bashman



“How the next big Supreme Court abortion case highlights anti-abortion harassment”: Tara Murtha and Christine Castro had this op-ed in yesterday’s edition of The Philadelphia Inquirer.

Posted at 4:55 PM by Howard Bashman



“Justice Ginsburg Opines on Biased Senators and President Trump’s Knowledge about the Constitution; RBG continues to exercise terrible discretion, even after apologizing to President Trump”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 4:53 PM by Howard Bashman



“A Stunning Vote Reversal in a Controversial First Amendment Case: A Fifth Circuit panel judge has changed his mind about DeRay Mckesson’s liability for violence at a Baton Rouge protest, but Americans’ right to protest is still under assault.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 10:48 AM by Howard Bashman



“Trump is not a lawyer — Ruth Bader Ginsburg; Supreme Court Justice Ruth Bader Ginsburg has responded to Donald Trump’s call for the top US court to stop impeachment”: BBC News has this report, with video links.

Posted at 10:45 AM by Howard Bashman



“The Decade Class Actions Were Gutted: These suits used to be a major recourse for the powerless against the powerful; Why has the Supreme Court been so determined to stamp them out?” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 8:45 AM by Howard Bashman