How Appealing



Thursday, December 19, 2019

“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



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



Tuesday, December 17, 2019

“Justice Neil Gorsuch in ‘Fox & Friends’ interview: Pay attention to ‘separation of powers.'” Julia Musto of Fox News has this report.

Posted at 12:18 PM by Howard Bashman



“Ruth Bader Ginsburg on Trump’s calls to stop impeachment: ‘The President is not a lawyer.'” Devan Cole of CNN has this report.

Posted at 12:14 PM by Howard Bashman



“The Supreme Court Must Not Let Google’s Theft of Intellectual Property Stand; As a legal showdown with software-development company Oracle heads to the High Court, the stakes are clear”: Rachel Bovard has this essay online at National Review.

Posted at 11:55 AM by Howard Bashman



“Willett Changes Mind on Liability of Black Lives Matter Leader”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access).

And at “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Judge Willett’s Change of Heart; Upon reconsideration, Judge Willett splits with his colleagues over whether Black Lives Matter activist can be liable for violent protests.”

My earlier coverage of yesterday’s reissued Fifth Circuit ruling can be accessed here.

Posted at 11:02 AM by Howard Bashman



“‘Danger to Due Process’: Frequent Kozinski Foe Calls for Ex-Judge’s Disbarment in Lawsuit; Attorney Cyrus Sanai filed complaints against Alex Kozinski more than a decade ago over the former Ninth Circuit chief judge’s public server which contained pornographic material; Now, Sanai says he’s suing to clear his own name and reform judicial misconduct procedures in the process.” Alaina Lancaster of The Recorder has this report. The newspaper has posted online at this link the complaint initiating suit.

Update: In other coverage, Melissa Heelan Stanzione of Bloomberg Law reports that “Kozinski Sued By Attorney Who Complained About Website Porn” (subscription may be required for full access).

Posted at 10:16 AM by Howard Bashman



Monday, December 16, 2019

“Arizona asks U.S. Supreme Court to overrule ‘double jeopardy’ finding in murder case”: Howard Fischer of The Arizona Daily Star has an article that begins, “Arizona’s attorney general wants the U.S. Supreme Court to rule prosecutors are entitled to multiple attempts to convict someone of first-degree murder even after a jury effectively finds the charge has no legal merit.”

Posted at 9:52 PM by Howard Bashman