How Appealing



Sunday, December 22, 2019

“U.S. Supreme Court agrees to hear a Crete man’s immigration case”: Lori Pilger of The Lincoln (Neb.) Journal Star has this report.

Posted at 3:48 PM by Howard Bashman



“A Day at the Abortion Clinic at the Center of the Supreme Court Case; Louisiana clinic faces busy Saturdays, with patients and protesters who often drive for hours”: Jennifer Calfas of The Wall Street Journal has this report.

Posted at 3:44 PM by Howard Bashman



Saturday, December 21, 2019

“A Law Professor’s Provocative Argument: Trump Has Not Yet Been Impeached; Other legal academics took issue with his view that impeachment only happens when the House transmits its charges to the Senate.” Adam Liptak has this article in today’s edition of The New York Times.

Andrew Blake of The Washington Times reports that “Democrat witness says Trump not impeached until articles sent to Senate.”

Martin Finucane of The Boston Globe has an article headlined “Has Trump been officially impeached? 2 prominent Harvard Law professors respectfully disagree on Twitter.”

And online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “Trump Isn’t Impeached Until the House Tells the Senate; According to the Constitution, impeachment is a process, not a vote.”

Posted at 10:58 AM by Howard Bashman



“Bill seeks to regionalize how Pa. elects its Commonwealth, Superior, and Supreme court judges”: Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this report.

You can view at this link the text of the legislation proposing a constitutional amendment.

Posted at 10:20 AM by Howard Bashman



“Trump vs. John Roberts: A 2020 battle for the Supreme Court’s reputation; Between the impeachment trial and a series of cases about presidential power, Roberts will struggle to keep the high court out of the political muck.” Darren Samuelsohn of Politico has this report.

Posted at 10:14 AM by Howard Bashman



“This One Footnote Proves the Latest Obamacare Ruling Is Pure Partisan Hackery. Some scholars want the inappropriate passage removed. Here’s why it should stay.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 10:10 AM by Howard Bashman



Friday, December 20, 2019

“Mitch McConnell, Master of the Blockade, Plots Impeachment Strategy; The Senate majority leader has earned the nickname the grim reaper for his iron-fisted grip on the chamber, but an impeachment trial is harder to control”: Carl Hulse of The New York Times has an article that begins, “Shattering convention, he held open a Supreme Court seat for 11 months. He twice changed Senate rules to create a record-setting assembly line of conservative federal judicial confirmations. He has been ruthless in his control of the Senate floor, denying Republicans and Democrats alike much opportunity to debate legislation.”

Posted at 9:00 PM by Howard Bashman



“The Legal Threat to Obamacare Is Back. Again. An appeals court, after rejecting the law’s insurance requirement, entertains the idea that the whole law should now fall.” This editorial appears in today’s edition of The New York Times.

Posted at 8:54 PM by Howard Bashman



“When Does First Amendment Preempt Negligence Liability? More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.” Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 2:07 PM by Howard Bashman



“Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court.” Law professor Rodger Citron has this essay online at Justia’s Verdict.

Posted at 2:04 PM by Howard Bashman



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