How Appealing



Friday, February 14, 2020

“Cop’s Strip Club Dancer Plate Search May Test Scope of Hack Law”: Sara Merken of Bloomberg Law has a report that begins, “The U.S. Supreme Court may decide if someone who improperly uses their authorized computer access, such as a cop looking up a strip club dancer’s license plate as a favor, can be liable under a federal anti-hacking law.”

You can view the cert. petition at this link.The deadline for the federal government’s response has thus far been extended to March 10, 2020.

Posted at 5:03 PM by Howard Bashman



“Appeals court unanimously strikes down Medicaid work requirements”: Amy Goldstein of The Washington Post has this report.

Alex Swoyer of The Washington Times reports that “Appeals court unanimously rules against Trump Medicaid work requirement.”

Deborah Yetter of The Courier Journal of Louisville, Kentucky reports that “Court rejects Medicaid work rules sought by former Kentucky Gov. Matt Bevin.”

Lindsey Millar of Arkansas Times reports that “Federal appeals court affirms lower court ruling striking down Arkansas work requirement.”

Lydia Wheeler and Andrew M Harris of Bloomberg News report that “Trump-Backed Work-for-Medicaid Plan Is Rejected on Appeal.”

Rachana Pradhan and Susannah Luthi of Politico report that “Appeals court rejects Trump-approved Medicaid work requirements; The decision brings the Trump administration’s Medicaid overhaul closer to possible review from the Supreme Court.”

Peter Sullivan of The Hill reports that “Appeals court strikes down Trump approval of Medicaid work requirements.”

And in commentary, online at Vox, Ian Millhiser has an essay titled “Trump just got bad news from Neil Gorsuch’s mentor in a big Medicaid case; When you’ve lost David Sentelle . . . .”

My earlier coverage of today’s D.C. Circuit ruling can be accessed here.

Posted at 1:44 PM by Howard Bashman



“A President So Unhinged That Even Bill Barr Says He’s Out of Control; Welcome to the post-acquittal Trump Presidency”: Susan B. Glasser has this post online at The New Yorker.

Posted at 1:10 PM by Howard Bashman



“McConnell reiterates that Senate would confirm a Supreme Court nominee if there’s a vacancy this year”: Veronica Stracqualursi of CNN has this report.

Posted at 1:05 PM by Howard Bashman



“Trump bucks Barr’s request to stop tweeting about Justice Dept., declaring a ‘legal right’ to seek intervention in criminal cases”: Matt Zapotosky and John Wagner of The Washington Post have this report.

Sadie Gurman and Aruna Viswanatha of The Wall Street Journal report that “Trump Again Tweets About Justice Department After Barr Urges a Stop; President says he hasn’t asked AG to intervene in criminal cases, but has the right to do so.”

In commentary, today’s edition of The Wall Street Journal contains an editorial titled “Trump’s Worst Enemy: He needs to stop tweeting about cases and let Barr do his job.”

And also in today’s edition of The Wall Street Journal, columnist Kimberley A. Strassel has an op-ed titled “The Trials of Bill Barr: Bureaucrats bristle as the attorney general delivers on his pledge of accountability.”

Posted at 12:00 PM by Howard Bashman



“Cumulative Finality and Amending Rule 4(a)(2); Federal Rule of Appellate Procedure 4(a)(2) should be amended to allow subsequent events to save any premature notice of appeal”: Bryan Lammon has this post at his “final decisions” blog.

Therein, Lammon discusses the Federal Appellate Rule of Procedure that corresponds to the Pennsylvania Rule of Appellate Procedure that was the subject of this month’s installment of my “Upon Further Review” column in The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, titled “Appealed Too Soon? The Saving Graces of Pa. Rule of Appellate Procedure 905(a)(5).”

Posted at 11:20 AM by Howard Bashman



“Native American and Jewish — now state Supreme Court judge”: Emily Burack has this article online at Intermountain Jewish News.

Posted at 9:07 AM by Howard Bashman



“How Justice Scalia paved the way for Trump’s assault on the rule of law; Three words: ‘the unitary executive.'” Ian Millhiser has this essay online at Vox.

Posted at 9:04 AM by Howard Bashman