How Appealing



Tuesday, March 31, 2020

“Voters file federal lawsuit to force election for GA Supreme Court seat”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “Three voters, including the widow of a Georgia Supreme Court justice, filed a federal lawsuit Tuesday seeking to force an election for Justice Keith Blackwell’s seat when he retires in November.”

And R. Robin McDonald of The Daily Report of Fulton County, Georgia reports that “Former Chief Justice’s Widow Sues Secretary of State in Election Fight of Justice Blackwell’s Seat.”

Posted at 8:47 PM by Howard Bashman



“Appeals court lets Texas enforce coronavirus-related abortion ban, for now”: Chuck Lindell of The Austin American-Statesman has this report.

Alex Swoyer of The Washington Times reports that “Texas abortion ban during COVID-19 pandemic allowed to continue, an appeals court ordered.”

Lawrence Hurley of Reuters reports that “U.S. appeals court allows Texas abortion curbs amid pandemic.”

Caroline Kelly and Ariane de Vogue of CNN report that “Appeals court temporarily re-instates Texas order limiting abortion access over coronavirus.”

Sam Dorman of Fox News reports that “Appeals court reinstates Texas abortion restrictions imposed due to coronavirus pandemic.”

Jessie Hellmann of The Hill reports that “Appeals court allows Texas to ban abortions during pandemic.”

Ema O’Connor of BuzzFeed News reports that “Texas’s Ban On Abortions During The Coronavirus Outbreak Can Go Back Into Effect Following An Appeals Court Ruling; A federal judge had put a temporary hold on the state’s abortion ban, but an appeals court overturned the ruling Tuesday.”

Melissa Jeltsen of HuffPost reports that “The Abortion Ban In Texas Is Back On; A federal appeals court has temporarily allowed Texas to continue to ban abortion during the coronavirus outbreak.”

And in commentary, online as Slate, Mark Joseph Stern has a jurisprudence essay titled “Federal Appeals Court Lets Texas Resume Abortion Ban; The Supreme Court will likely soon decide whether states can exploit the coronavirus pandemic to outlaw abortion.”

Today, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this administrative order by a vote of 2-to-1.

Posted at 8:40 PM by Howard Bashman



“Courtroom Access: Counting to 50 — Public access to oral arguments.” At “SCOTUSblog,” Amy Howe has a post that explains, “Today SCOTUSblog begins a month-long series that looks at exactly how hard it is for the general public to attend oral argument.”

Posted at 4:02 PM by Howard Bashman



“Beyond Originalism: The dominant conservative philosophy for interpreting the Constitution has served its purpose, and scholars ought to develop a more moral framework.” Law professor Adrian Vermeule has this essay online at The Atlantic.

Posted at 1:57 PM by Howard Bashman



“Stimulus bill contains watered-down Justice Dept. wish list; Federal courts eased a ban on cameras being used during most federal court proceedings in a move to implement video hearings”: Josh Gerstein of Politico has this report.

Posted at 1:52 PM by Howard Bashman



“Innocent Prisoners Are Going to Die of the Coronavirus; When the machinery of justice is halted abruptly, some of the people trapped inside are not supposed to be there at all”: Barbara Bradley Hagerty has this report online at The Atlantic.

Posted at 1:06 PM by Howard Bashman



“The Supreme Court can’t let the coronavirus get in the way of deciding major cases”: Ashwin Phatak has this essay online at The Washington Post.

Posted at 1:02 PM by Howard Bashman



“The New Swing Votes on the U.S. Supreme Court”: Daniel Harris has this essay at the Northwestern University Law Review Online.

Posted at 10:24 AM by Howard Bashman



“The Supreme Court’s Coronavirus Postponement: Pandemics, Precedent and National Risks.” Richard Altieri and Hayley Evans have this post at the “Lawfare” blog.

Posted at 10:09 AM by Howard Bashman



“Wisconsin’s voter purge lawsuit is a major issue in Supreme Court race between Daniel Kelly, Jill Karofsky”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 10:07 AM by Howard Bashman



“Hotze, pastors ask Texas Supreme Court to rule Harris County stay-at-home order unconstitutional”: Jasper Scherer and Robert Downen of The Houston Chronicle have this report.

Posted at 10:05 AM by Howard Bashman



Monday, March 30, 2020

“Coronavirus in Ohio: Judge temporarily blocks state health order halting abortions during coronavirus.” Jessie Balmert of The Cincinnati Enquirer has this report.

Posted at 7:52 PM by Howard Bashman



“Federal judge blocks Texas from enforcing coronavirus-related abortion ban”: Chuck Lindell of The Austin American-Statesman has this report.

Anna M. Tinsley of The Fort Worth Star-Telegram reports that “Judge prevents Texas from closing abortion clinics because of coronavirus.”

Jeremy Blackman of The San Antonio Express-News reports that “Federal judge suspends Texas abortion ban during coronavirus shutdown.”

Andrew Chung of Reuters reports that “U.S. judge stops Texas from curbing abortions during coronavirus crisis.”

Caroline Kelly of CNN reports that “Federal judge blocks Texas order liming abortion access over coronavirus.”

Alice Miranda Ollstein of Politico reports that “Judge lifts Texas abortion ban pegged to coronavirus pandemic; Ohio, Iowa, Mississippi, Alabama and Oklahoma are among the other states that recently moved to suspend access.”

Jessie Hellmann of The Hill reports that “Judge blocks Texas from banning abortion as part of coronavirus response.”

And Ema O’Connor of BuzzFeed News reports that “A Judge Struck Down A Texas Ban On Abortions During The Coronavirus Outbreak; Planned Parenthood and other reproductive rights groups have sued five states, including Texas, for banning abortions as part of their coronavirus-mitigation strategies.”

Posted at 6:40 PM by Howard Bashman



“Trump nominates Mississippi judge for 5th US appeals court”: The Associated Press has this report.

Madison Alder of Bloomberg Law reports that “Trump Taps Wilson in New Try to Fill Fifth Circuit Seat.”

Tim Ryan of Courthouse News Service reports that “Trump Taps Mississippi Judge for Seat on Fifth Circuit.”

And today the White House issued a news release titled “President Donald J. Trump Announces Judicial Nominees.”

Fifth Circuit nominee Cory T. Wilson currently serves as a judge on the Mississippi Court of Appeals and had been the current nominee for a vacancy on the U.S. District Court for the Southern District of Mississippi.

Posted at 6:24 PM by Howard Bashman



“Supreme Court Website Fails, Temporarily Derailing New Opinion”: Greg Stohr of Bloomberg News has this report. Fortunately for all concerned, the decision did not issue in a case of great public interest.

Posted at 2:55 PM by Howard Bashman



“The Fifth Circuit’s Inconsistent Approach to Certiorari and Abeyance: What should a Court of Appeals do when the Supreme Court grants, or is about to grant, a case with related issues?” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:28 PM by Howard Bashman



“GOP Plows Forward on Plans to Kill Obamacare, Pandemic Be Damned; Despite the virus hitting their states, attorneys general say they aren’t bending on the idea that the Affordable Care Act must go”: Sam Brodey of The Daily Beast has this report (subscription required for full access).

Posted at 1:20 PM by Howard Bashman



Sunday, March 29, 2020