How Appealing

Monday, February 10, 2020

“In a first, court says a state must provide gender-confirmation surgery to inmate”: Bob Egelko of The San Francisco Chronicle has this report.

Peter Hayes of Bloomberg Law reports that “Ruling Recognizing Inmate’s Right to Gender Confirmation Stands.”

And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Judge Bumatay’s Originalist Eighth Amendment dissent from denial of rehearing en banc.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit, and the statement disagreeing and dissents therefrom, at this link.

Posted at 11:03 PM by Howard Bashman

“Texas asks U.S. Supreme Court to end California law banning state-funded travel; After Texas passed a law in 2017 allowing foster care agencies to cite sincerely held religious beliefs to deny placements to gay couples, California banned state-funded travel to the Lone Star State”: Emma Platoff of The Texas Tribune has this report.

You can access at this link the filing that the State of Texas has made in the U.S. Supreme Court.

Update: At “The Volokh Conspiracy,” Josh Blackman examines the suit in a post titled “Texas Challenges California’s Interstate ‘Travel Ban’ in the Supreme Court’s Original Jurisdiction; The suit alleges violations of the Dormant Commerce Clause, the Privileges and Immunities Clause, and the Equal Protection Clause.”

Posted at 8:27 PM by Howard Bashman

“Confirmation likely for Trump pick for U.S. appellate court in Atlanta”: Tia Mitchell of The Atlanta Journal-Constitution has an article that begins, “Despite opposition from a coalition of civil rights groups, U.S. District Judge Andrew Brasher is expected to be confirmed by the U.S. Senate for an appointment to the federal appellate court for three Southern states, including Georgia.”

And Mike Cason of Alabama Media Group reports that “Alabama NAACP, others oppose Trump nominee to federal appeals court.”

Posted at 8:12 PM by Howard Bashman

“The Role of Originalism in Torres v. Madrid: Some preliminary thoughts on a fascinating case.” Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 8:03 PM by Howard Bashman

“Trump Administration Makes It Harder To Grant Relief To Torture Victims”: Elizabeth Troval had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 6:00 PM by Howard Bashman

On the “How Appealing” music rotation: Apropos of nothing, it’s been a while since I’ve mentioned what’s on the music rotation.

Here goes: Absofacto’s “Dissolve” live at SXSW (featuring birds tweeting away in the background); Coldplay’s “Orphans” (the official video is also something to behold); SHAED performing “Trampoline” at Paste Studios in NYC; Meg Myers “Running Up That Hill” behind the scenes video; Highly Suspect’s “16“; and YUNGBLUD, Halsey ft. Travis Barker “11 Minutes.”

Posted at 5:40 PM by Howard Bashman

“A Proposal for a New Federal Clerkship Hiring Plan (When The Current One Collapses)”: William Baude has this post at “Summary, Judgment.”

Posted at 4:44 PM by Howard Bashman

“Trump is right. We might have to impeach him again.” George T. Conway III has this essay online at The Washington Post.

Posted at 1:02 PM by Howard Bashman

“The Supreme Court procrastinates: No decision now on a baseless challenge to the Affordable Care Act.” Henry J. Aaron has this essay online at The Brookings Institution.

Posted at 12:52 PM by Howard Bashman

“How the Supreme Court Could Gut Reproductive Rights Without Ruling on a Single Abortion Restriction”: Jordan Smith of The Intercept has this report.

Posted at 12:38 PM by Howard Bashman

“Congressional Oversight Goes to Court: Even with the end of the impeachment trial, legal battles over access to the President’s financial records and other documents continues.” Jonathan H. Adler — who coincidentally will be the second blogger from “The Volokh Conspiracy” to be speaking at this May’s Third Circuit judicial conference — has this post at “The Volokh Conspiracy.”

Posted at 11:15 AM by Howard Bashman

“Chief Justice’s Impeachment Handbook: Determined Minimalism; The restrained approach of Chief Justice John G. Roberts Jr. to what he called his ‘ill-defined responsibilities’ did not please liberals; But it insulated him from combustible confrontations.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 11:07 AM by Howard Bashman

“Should Delaware be able to make courts politically balanced? US Supreme Court to hear case.” Esteban Parra of The News Journal of Wilmington, Delaware has this report.

Posted at 8:40 AM by Howard Bashman