“Louisiana Urges Supreme Court to Uphold Pro-Woman Admitting Privileges Law; SG Murrill: Women deserve better than incompetent providers who put profits over people.” Louisiana Attorney General Jeff Landry issued this news release yesterday.
Also yesterday, the State of Louisiana filed in the U.S. Supreme Court its Brief for Respondent/Cross-Petitioner, a letter seeking leave to lodge various documents, and a motion to supplement the record and to file certain documents under seal.
“What Happened When Trump Reshaped a Powerful Court: For the 5th Circuit, 2019 was an experiment in extreme right-wing jurisprudence.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“Supreme Court to hear Louisiana abortion case in 2020; Trump-appointed justices Gorsuch, Kavanaugh to get first opportunity to grapple with topic”: Alex Swoyer of The Washington Times has this report.
“Baltimore City Solicitor Andre Davis submits resignation, saying he’s ‘run out of fuel'”: Talia Richman and Luke Broadwater have this front page article in today’s edition of The Baltimore Sun.
“Is revenge porn protected speech? Lawyers weigh in, and hope for a Supreme Court ruling.” Deanna Paul of The Washington Post has this report.
“Top Boeing Lawyer to Retire at Year’s End; General counsel Mike Luttig is latest departure from company’s executive council”: Doug Cameron of The Wall Street Journal has this report.
Update: And at his “View from the Wing” blog, Gary Leff has a post titled “Michael Luttig, Once Short-Listed For The Supreme Court, Is Out At Boeing.”
“Sept. 11 Trial Judge Faults Secrecy in Guantánamo Prison Commander’s Testimony; At issue is testimony by a former Army lieutenant colonel at the war court who challenged a key finding in the Senate’s Torture Report”: Carol Rosenberg of The New York Times has this report.
“I testified against Trump’s impeachment. But let’s not pretend it didn’t happen. Constitutional reality doesn’t rest on the House sending the articles over to the Senate.” Law professor Jonathan Turley has this essay online at The Washington Post.
“California Supreme Court allows therapists to challenge law on child porn reporting”: Maura Dolan of The Los Angeles Times has an article that begins, “A divided California Supreme Court on Thursday revived a legal challenge against a state law that requires psychotherapists to report patients who reveal they have looked at child pornography.”
You can access today’s 4-to-3 ruling of the Supreme Court of California at this link.
Update: In other coverage, Bob Egelko of The San Francisco Chronicle reports that “State court revives psychotherapist challenge to law on patients who reveal child porn activity.”
And at the “At the Lectern” blog, David Ettinger has a post titled “Divided Supreme Court holds constitutional privacy right might strengthen psychotherapy privilege for patients who view or download child pornography.”
“9 Supreme Court cases that shaped the 2010s; As Congress grew more dysfunctional, the Supreme Court seized tremendous power”: Ian Millhiser has this essay online at Vox.
“Democrats seize on anti-Obamacare ruling to steamroll GOP in 2020; The party looks to regain the offensive on an issue critical to its success in the 2018 midterms”: Alice Miranda Ollstein and James Arkin of Politico have an article that begins, “A court ruling last week putting the Affordable Care Act further in jeopardy may provide the opening Democrats have been waiting for to regain the upper hand on health care against Republicans in 2020.”
“In court, he speaks for Speaker Nancy Pelosi”: Ann E. Marimow of The Washington Post has an article that begins, “To the extent Douglas N. Letter caught a break, it came down to this: Two of his cases were being heard on the same floor of the same Washington courthouse on the same afternoon.”
“Black Lives Matter organizer sued by injured Baton Rouge cop asks Supreme Court to defend protest rights”: Joe Gyan Jr. of The Advocate of Baton Rouge, Louisiana has this report.
“America’s Most Under-Appreciated Right: Groups of citizens regularly exercise the right to assemble, but too often American political and cultural leaders ignore it.” Law professor John Inazu has this essay online at The Atlantic.
“The hypocrisy at the heart of the ERA opposition”: The Los Angeles Times has published this editorial.
“Barr’s Loyalty Is to the Constitution, Not a Party; The ‘unitary executive’ implies both a strong presidency and clear limits on presidential powers”: David B. Rivkin Jr. and Andrew Grossman have this essay online at The Wall Street Journal.
“Cuomo Blocks Judges Picked by Trump From Officiating Weddings in N.Y.; He vetoed a bill to let federal judges preside over nuptials, saying he did not want to give the president’s appointees the privilege”: Jesse McKinley of The New York Times has this report.
Bernadette Hogan of The New York Post reports that “Cuomo won’t let all judges officiate weddings — because some were appointed by Trump.”
Henry Goldman of Bloomberg News reports that “In Slap at Trump, Cuomo Vetoes U.S. Judges Performing Weddings.”
Paul LeBlanc and Brian Vitagliano of CNN report that “Cuomo cites Trump in vetoing bill that would have allowed federal judges to officiate weddings.”
And Allan Smith of NBC News reports that “N.Y. Gov. Cuomo blocks some federal judges from officiating at weddings — because they might be Trump nominees; The seemingly innocuous measure had passed the state Legislature with overwhelming support from Democrats and Republicans.”
“Changing Kansas Supreme Court faces wary GOP-led Legislature”: John Hanna of The Associated Press has this report.
“Roberts will tap his inner umpire in impeachment trial”: Mark Sherman of The Associated Press has this report.
And Cheryl K. Chumley of The Washington Times reports that “John Roberts raises Republican caution flags.”
“House counsel suggests Trump could be impeached again; The comment came in a filing with federal court that argues Democrats still need testimony from former White House counsel Don McGahn”: Josh Gerstein and Kyle Cheney of Politico have this report.
You can view the supplemental brief filed today in the U.S. Court of Appeals for the D.C. Circuit at this link.
“The Beginning of the 2019 Term and How It Stacks Up”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Senate Republicans were laser-focused on confirming judges in 2019 — even the unqualified ones; Even as lawmakers blocked hundreds of bills, they confirmed more than 100 judges”: Li Zhou of Vox has this report.
“Montana Battle Over Aid for Religious Schools Reaches Supreme Court; The justices will hear arguments next month over whether states may erect walls between church and state high enough to exclude religious groups from some government benefits”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“How Trump is filling the liberal 9th Circuit with conservatives; The court’s changing ideological makeup could wind up giving states like California less legal elbow room to challenge Trump policies”: Susannah Luthi of Politico has this report.
“Trump Appellate Pick Ozerden in Limbo With Senate Adjourned”: Madison Alder of Bloomberg Law has this report.
And in somewhat related news, Nancy Cook of Politico recently reported that “White House braces for Mulvaney’s post-impeachment exit; The acting White House chief of staff could never win President Donald Trump’s full support; Mulvaney has been sidelined so much in recent months that he’s now expected to depart soon.”
Ninth Circuit grants rehearing en banc in anti-slap case: You can access Friday’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.
This blog’s earlier coverage of the original divided three-judge panel’s ruling can be accessed here.
And in news coverage of that earlier, now-vacated, ruling, Bob Egelko of The San Francisco Chronicle had an article headlined “Conviction overturned: She slapped him on an airplane but case was prosecuted in wrong jurisdiction.”
“Groupon Photo Use Suit Properly Denied Class Status: 7th Circuit.” Perry Cooper of Bloomberg Law has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Wednesday.
“Court Grants Immunity to Guards Who Kept Naked Inmate in Cell Covered with ‘Massive Amounts of Feces'”: Jerry Lambe has this post at the “Law & Crime” blog about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued Friday.
“NAACP’s Constitutional Challenge to 2020 Census Revived”: Bernie Pazanowski and Kimberly Strawbridge Robinson of Bloomberg Law have this report (subscription may be required for full access).
And Brad Kutner of Courthouse News Service reports that “Fourth Circuit Reinstates Suit Over Census Preparations.”
You can access Thursday’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
“AP Exclusive: Computer plate umps allowed in new labor deal.” Ben Walker and Ronald Blum of The Associated Press have this report. The article mentions Atlantic League umpire Brian deBrauwere, whose last mention here at “How Appealing” was in this post from September 3, 2009.
“In a first, appeals court raises privacy questions over government searches for Americans’ emails”: Ellen Nakashima of The Washington Post has this report.
Mark Hosenball of Reuters has a report headlined “Warrant not always needed for ‘inadvertent’ NSA surveillance of Americans: U.S. court.”
And at Techdirt, Tim Cushing has a post titled “Second Circuit Says Warrantless Backdoor Searches Of NSA Collections Might Violate The Fourth Amendment.”
You can access Wednesday’s partially redacted ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Libertarian Party tells Supreme Court state law keeps its candidates off ballot”: Howard Fischer of The Arizona Daily Star has this report.
“Buttigieg, Klobuchar lay out criteria for potential judicial nominees”: Harper Neidig of The Hill has this report.
“A fair trial in the Senate: Senators and the chief justice must honor their duties under the Constitution.” This editorial appears in today’s edition of The Boston Globe.
“DOJ tells court McGahn subpoena is moot after impeachment vote”: Harper Neidig of The Hill has this report.
