How Appealing



Thursday, December 19, 2019

“Appeals court wants answers on impact of impeachment; At issue is whether the impeachment votes affect ongoing legal cases”: Josh Gerstein of Politico has this report.

Posted at 10:01 PM by Howard Bashman



“Florida Supreme Court rules 2017 stand your ground law change is not retroactive; It means pending cases in which a stand your ground hearing was already conducted under the old rules do not need to do the hearing over under the new rules”: Josh Solomon and Kathryn Varn of The Tampa Bay Times have this report.

Brendan Farrington of The Associated Press reports that “Florida Supreme Court rules on ‘stand your ground’ cases.”

And Alex Pickett of Courthouse News Service reports that “Florida Justices Rule ‘Stand Your Ground’ Changes Are Not Retroactive.”

You can access today’s ruling of the Supreme Court of Florida at this link.

Posted at 9:58 PM by Howard Bashman



“Trump judge says his ruling attacking protesters’ First Amendment rights was wrong; Black Lives Matter activist DeRay Mckesson is fighting to save his First Amendment rights”: Ian Millhiser has this essay online at Vox.

Posted at 9:36 PM by Howard Bashman



“How a seven-month-old Supreme Court ruling revived a seven-year-old case against GSK”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:25 PM by Howard Bashman



“How Crystal Mason Became the Face of Voter Suppression in America”: Sue Halpern has this post online at The New Yorker.

Posted at 5:42 PM by Howard Bashman



“Why big business can count on courts to keep its deadly secrets: In a decades-long campaign, the defense bar persuaded Congress and other rule makers to replace transparency with opacity in litigation, ensuring that evidence of what companies know about dangerous products often remains hidden from the public.” Michelle Conlin, Dan Levine, and Lisa Girion of Reuters have this report.

Posted at 5:22 PM by Howard Bashman



“Split Second Circuit panel grants feds request for mandamus to preclude a jury nullification instruction in child porn case involving 15-year mandatory minimum”: Douglas A. Berman has this post at his “Sentencing Law and Policy” blog.

Posted at 4:20 PM by Howard Bashman



“3 Legal Experts on What the Obamacare Ruling Really Means; With the future of the law in limbo, we asked them to explain what might happen now that an appeals court has sent the case back to a lower court”: Jan Hoffman of The New York Times has this report.

Posted at 4:18 PM by Howard Bashman



“The Supreme Court May Exempt Religious Employers From Civil Rights Laws; A Catholic school fired a teacher after learning she had breast cancer; Can they do that?” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 4:15 PM by Howard Bashman



“Principal Officers: Three En Banc Petitions in Arthrex v. Smith & Nephew.” Dennis Crouch has this post at his “Patently-O” blog.

Posted at 4:06 PM by Howard Bashman



“Footnote 3 of Texas v. U.S. should be removed from the final published opinion; There is no reason for a judicial decision to write that the ACA ‘was enacted as part of a fraud on the American people'”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 4:04 PM by Howard Bashman



“The Supreme Court will hear 2 major cases about when religious schools can ignore civil rights laws; At stake: a society in which civil rights laws aren’t optional for religious employers.” Ian Millhiser has this essay online at Vox.

Posted at 12:58 PM by Howard Bashman



“The Supreme Court’s Final Exam: How the justices rule on three cases involving Trump’s financial records will tell us all we need to know about the court.” Linda Greenhouse has this essay online at The New York Times.

Posted at 12:55 PM by Howard Bashman



“John Roberts’s Surprisingly Straightforward Task Ahead: The chief justice’s role in the impeachment trial is a limited one, and he should be able to manage it easily without putting his or the Court’s legitimacy at risk.” Jane Chong has this essay online at The Atlantic.

Posted at 12:28 PM by Howard Bashman



“Obamacare Ruling May Spare Republicans Some Political Pain; The practical effect of the decision is likely to be months of delays, pushing the final outcome of the case beyond the 2020 election”: Margot Sanger-Katz has this post at “TheUpshot” blog of The New York Times.

Posted at 12:25 PM by Howard Bashman



“The Fifth Circuit ACA Case: The Good, the Bad, and the Ugly; The plaintiffs’ quarrel is with the statute book, not the defendants.” Stephen Sachs has this post at “The Volokh Conspiracy.”

Posted at 12:24 PM by Howard Bashman



“The Writing Is on the Wall for Obamacare: A Texas appeals court ruled yesterday that the health-care law contains a constitutional flaw — and that most or all of the law may have to be scrapped.” Law professor Nicholas Bagley has this essay online at The Atlantic.

Posted at 11:28 AM by Howard Bashman



“The Weird Litigation Posture of the Doe v. Mckesson / Baton Rouge Black Lives Matter Protest Case: The case, in which Judge Don Willett has just switched to dissenting, should be an easy win for Deroy Mckesson — but on a theory that hadn’t been asserted in court.” Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 9:10 AM by Howard Bashman



“New ruling means Supreme Court dodges Obamacare showdown, but legal fight rolls on”: Joan Biskupic of CNN has this report.

At “The Volokh Conspiracy,” Josh Blackman has posts titled “Instant Analysis of Texas v. U.S. (Obamacare Decision) Part II: The Merits; The 5th Circuit follows NFIB v. Sebelius: the ACA can no longer be read to offer a choice between buying insurance and paying a penalty” and “Instant Analysis of Texas v. U.S. (Obamacare Decision) Part III: Severability; The Fifth Circuit has operationalized Justice Thomas’s Murphy concurrence.”

Also at “The Volokh Conspiracy,” Ilya Somin has a post titled “Fifth Circuit Sends Obamacare Severability Issue Back to Square One — But not Quite; The appellate court remanded the most important issue in the case back to the district court; But its instructions will make it difficult for the trial judge to again rule that the entire Affordable Care Act must fall with the individual mandate.”

Posted at 9:06 AM by Howard Bashman



“Chief Justice to Enter Spotlight in Trump Impeachment Trial; John Roberts has opportunity to distinguish judiciary from partisanship engulfing U.S. Capitol”: Jess Bravin of The Wall Street Journal has this report.

Posted at 9:00 AM by Howard Bashman



“Supreme Court to Rule on Exception to Work Bias Laws for Religious Schools; The justices will attempt to balance two competing interests: avoiding interference in the affairs of religious groups and protecting their employees from discrimination.” Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court to look again at whether teachers at religious schools are ‘ministerial.’

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court will decide if religious freedom shields Catholic schools from teacher suits.”

And Brent Kendall of The Wall Street Journal reports that “Supreme Court to Consider Catholic Schools’ Exemption From Workplace Suits; Court also agrees to hear case on police use of force involving suspects who flee.”

Posted at 8:55 AM by Howard Bashman