How Appealing



Monday, March 2, 2020

Programming note: Now that I’m back home and at work from last week’s vacation in Palm Springs, California (photos forthcoming someday soon on this blog’s Twitter feed), tomorrow morning I will present the first of three Pa. Superior Court oral arguments this month, including an en banc oral argument a little over two weeks from now.

As a result, additional posts will not appear here until tomorrow afternoon. At 10 a.m. eastern time tomorrow. the U.S. Supreme Court will issue one or more opinions in argued cases. Once the Court posts those opinions online, you can access them via this link. As always while I am traveling, more frequent appellate-related retweets will appear on this blog’s Twitter feed.

Posted at 10:42 PM by Howard Bashman



“‘Whiplash’ Of LGBTQ Protections And Rights, From Obama To Trump”: Selena Simmons-Duffin had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 10:32 PM by Howard Bashman



“Congress can’t rely on the courts to enforce its subpoenas. Don’t panic. The bright side of the appeals court decision saying it wouldn’t force former White House counsel Donald McGahn to testify.” Law professor Josh Chafetz has this essay online at The Washington Post.

Posted at 10:26 PM by Howard Bashman



“Supreme Court Weighs Whether Rejected Asylum Seekers Can Sue; The case, which concerns a member of Sri Lanka’s Tamil minority, could affect thousands of asylum seekers”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court split over judicial review for asylum seekers facing quick removal.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Weighs Government’s Power to Rapidly Deport Asylum Seekers; Two cases pit authorities’ campaign to curb immigration against guarantees of due process.”

Andrew Chung of Reuters reports that “U.S. Supreme Court conservatives lean toward Trump over rapid deportation.”

Harper Neidig of The Hill reports that “Justices divided over Trump push to speed up deportations.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Considers Writing Itself Out Of Speedy Deportation Cases.”

Earlier, in commentary, The Wall Street Journal published an editorial titled “Immigration and the Courts: The Supreme Court hears challenges to judicial law-making.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Department of Homeland Security v. Thuraissigiam, No. 19-161.

Posted at 9:56 PM by Howard Bashman



“Will the Supreme Court crown Trump as king?” Donald Ayer, Tom Coleman, and Christine Todd Whitman have this op-ed in today’s edition of The Los Angeles Times.

Posted at 9:44 PM by Howard Bashman



“Judge Raymond Fisher, who led police reforms after L.A. riots, dies at 80”: The Los Angeles Times has published this obituary written by Leila Miller.

Posted at 9:41 PM by Howard Bashman



“SCOTUS stays discovery in sweeping antitrust MDL v. generic drugmakers”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post about an order that Justice Samuel A. Alito, Jr. issued Friday.

You can access the parties’ U.S. Supreme Court filings thus far in the case via this link.

Posted at 9:37 PM by Howard Bashman



“A Supreme Court retreat from Roe vs. Wade could begin this week with Louisiana abortion case”: David G. Savage of The Los Angeles Times has this report.

Jess Bravin of The Wall Street Journal reports that “Supreme Court Will Hear First Major Abortion Case Since Two Trump Appointees Joined; Case will test new conservative makeup’s approach to precedent.”

Richard Wolf of USA Today reports that “Abortion clinics face critical test at Supreme Court.”

Rebecca Santana and Mark Sherman of The Associated Press report that “A clinic prepares for Supreme Court abortion fight.”

Bill Mears of Fox News reports that “Supreme Court set to argue important election-year abortion case.”

In commentary, The New York Times has published an editorial titled “Trump’s High Court Hears Its First Abortion Case; The Supreme Court will decide on yet another bid to curtail women’s rights masquerading as a safety measure.”

And online at NBC News, law professor Jessica Levinson has an essay titled “Supreme Court’s new abortion case focuses the spotlight on Chief Justice John Roberts; The question of whether or not the court will respect precedent is a big one.”

Posted at 9:25 PM by Howard Bashman



“‘June Medical Services’ Could Usher in the Clarence Thomas Era of Abortion Rights; In June Medical Services v. Russo the Justice Clarence Thomas revolution in abortion rights jurisprudence is just beginning”: Jessica Mason Pieklo of Rewire.News has this news analysis.

Posted at 1:30 PM by Howard Bashman



“Will the Courts Hand Trump Even More Unchecked Power? A decision in the Don McGahn subpoena case is a devastating blow to the House’s ability to provide oversight of the executive branch.” Margaret L. Taylor has this essay online at The New York Times.

Posted at 1:28 PM by Howard Bashman



“SEC Power to Recoup Illegal Gains Put at Risk in Supreme Court Case”: Greg Stohr, Benjamin Bain, and Robert Schmidt of Bloomberg News has this report.

Posted at 1:24 PM by Howard Bashman



“Supreme Court to Hear Obamacare Appeal; The Affordable Care Act, which has survived two major challenges in the Supreme Court, faces another test”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court will once again consider fate of Affordable Care Act.”

David G. Savage of The Los Angeles Times reports that “Supreme Court says it will again consider whether to strike down Obamacare.”

Richard Wolf of USA Today reports that “Supreme Court once again will decide fate of Affordable Care Act.”

Alex Swoyer of The Washington Times reports that “Supreme Court to hear Obamacare case.”

Mark Sherman of The Associated Press reports that “Supreme Court will decide fate of Obama health care law.”

And Greg Stohr of Bloomberg News reports that “Supreme Court to Hear Democrats’ Obamacare Appeal in Next Term.”

Posted at 10:00 AM by Howard Bashman