How Appealing



Tuesday, March 24, 2020

“U.S. appeals court judges side with Providence, Central Falls in immigration case”: Madeleine List of The Providence (R.I.) Journal has a report that begins, “A panel of three appeals court judges on Tuesday upheld a previous ruling that the U.S. Department of Justice cannot compel the cities of Providence and Central Falls to comply with federal immigration authorities as a condition of receiving federal public safety grants.”

And Mary Anne Pazanowski of Bloomberg Law reports that “Sanctuary Cities Win Round Against Trump DOJ, Adding to Split” (subscription required for full access).

You can access today’s ruling of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 9:44 PM by Howard Bashman



“Ron DeSantis Is Breaking the Law; Yes, Florida is in a state of emergency; That doesn’t mean the governor can ignore the state constitution”: Adam Richardson has this jurisprudence essay online at Slate.

Posted at 6:12 PM by Howard Bashman



“How coronavirus is crippling courts and raising concerns among civil liberties advocates; Judges and attorneys who spoke to ABC News painted a sobering picture”: Alexander Mallin, Luke Barr, and Devin Dwyer of ABC News have this report.

Posted at 3:28 PM by Howard Bashman



“Women Should Have to Register for Military Draft, Too, Commission Tells Congress; A commission appointed by Congress will recommend that expanding selective service registration to women is a ‘necessary and fair step'”: Sarah Mervosh of The New York Times has this report.

Although to many of us it may seem like years ago now, earlier this month, on March 3, 2020, the U.S. Court of Appeals for the Fifth Circuit heard oral argument of an appeal challenging the constitutionality of a men-only military draft. I collected coverage of that oral argument, and linked to its audio recording, in this earlier post.

Posted at 3:20 PM by Howard Bashman



“Texas and Ohio Include Abortion as Medical Procedures That Must Be Delayed; The moves by the states set off a new front in the political fight over abortion during the coronavirus pandemic”: Sabrina Tavernise has this article in today’s edition of The New York Times.

Posted at 2:52 PM by Howard Bashman



“Locating Weak Causal Strands in the Justices’ Opinions”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 1:15 PM by Howard Bashman



“Is ‘Stare Decisis . . . for Suckers’?” Richard M. Re has this post at “PrawfsBlawg.”

As for where that slogan originated, which is something that the post sought to address, I have no clue, but I think the first time I saw it was thanks to the author of this First Things essay (which, coincidentally, also includes the slogan).

Posted at 11:48 AM by Howard Bashman



“Due Process and the Criminal Law: A Few Thoughts on Kahler v. Kansas; An important Supreme Court decision on how much criminal law doctrine is constitutionally required.” Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 11:30 AM by Howard Bashman



“Deeply split Fed Circuit declines to rehear Arthrex decision on PTAB judges”: Jan Wolfe of Reuters has this report (subscription required for full access).

Ian Lopez and Perry Cooper of Bloomberg Law report that “Federal Cir. Rejects Arthrex Redo As Patent Appeals Wait” (subscription required for full access).

At his “Patently-O” blog, Dennis Crouch has a post titled “En Banc Denial in Arthrex.”

And at IP Watchdog, Eileen McDermott and Rebecca Tapscott have a post titled “Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling.”

You can access yesterday’s order of the U.S. Court of Appeals for the Federal Circuit, and a total of five opinions concurring in or dissenting from that order, at this link.

Posted at 10:48 AM by Howard Bashman



Eleventh Circuit grants rehearing en banc to reconsider its jurisprudence on Fourth Amendment abandonment as presenting a question of Article III jurisdiction: You can access yesterday’s order of the U.S. Court of Appeals for the Eleventh Circuit granting rehearing en banc at this link.

You can access the original three-judge panel’s now-vacated opinion, in which Circuit Judge Kevin C. Newsom wrote not only the majority opinion but also a concurring opinion calling for full-court review of this issue, at this link.

Posted at 10:37 AM by Howard Bashman



“Documents Received Via Records Requests Show Public Schools Lavishing Supreme Court Justices with Fancy Travel, Hotels, Gifts; A private jet flight for Thomas, silver cups for Gorsuch, a seat in the Chancellor’s Box for Kagan”: The organization Fix the Court issued this news release today.

The organization today issued a report titled “When Justices Go to School: Lessons from Supreme Court Visits to Public Colleges and Universities” written by Tyler Cooper and Dylan Hosmer-Quint and edited by by Gabe Roth. And the documents on which the report and news release are based can be accessed via this link.

Posted at 9:32 AM by Howard Bashman