How Appealing



Thursday, March 26, 2020

“Prisoner Executions Are Put Off Because of Pandemic; Citing coronavirus crisis, some states give the condemned an unexpected reprieve”: Jess Bravin of The Wall Street Journal has this report.

Posted at 9:20 AM by Howard Bashman



“Virtual Democracy: An Institutional Plague; Remote voting and a more ‘transparent’ Court would likely lead in directions the founders explicitly sought to avoid.” John G. Grove has this post at the “Law & Liberty” blog.

Posted at 9:18 AM by Howard Bashman



Wednesday, March 25, 2020

The U.S. Court of Appeals for the Eleventh Circuit plans to stream its oral argument audio live online: You can access the announcement at this link.

It now joins the Ninth and D.C. Circuits as federal appellate courts offering the live online streaming of oral argument audio or video.

The Eleventh Circuit’s decision to implement live oral argument streaming online is especially noteworthy, as it was not until April 1, 2017 that the Eleventh Circuit even began posting online the audio recordings of its current oral arguments.

Update: The U.S. Court of Appeals for the Second Circuit has also begun livestreaming its oral arguments, according to an announcement on that court’s home page. When arguments are underway, you can access them live via this link.

Posted at 9:58 PM by Howard Bashman



“Are Guns ‘Essential’ in the Virus Era? Americans Stock Up as States Differ; Coronavirus anxiety has contributed to a boom in gun sales, but some states have ordered dealers to close alongside other businesses.” Dan Levin of The New York Times has this report.

Posted at 8:03 PM by Howard Bashman



“Military Judge in 9/11 Trial at Guantánamo Is Retiring; Col. W. Shane Cohen had served on the case for less than a year and set a January 2021 jury selection date that now appears uncertain”: Carol Rosenberg will have this article in Thursday’s edition of The New York Times.

Posted at 7:51 PM by Howard Bashman



“States Are Canceling Nonessential Surgeries. Noah Syndergaard Is Having His Elbow Fixed. The New York Mets ace is scheduled for Tommy John surgery. How is he getting this procedure during a pandemic?” Jared Diamond and Louise Radnofsky of The Wall Street Journal have this report.

Posted at 5:10 PM by Howard Bashman



“Stanley Sporkin, crusading SEC enforcer and tough-minded U.S. judge, dies at 88”: Matt Schudel of The Washington Post has written this obituary.

Posted at 3:33 PM by Howard Bashman



“Pandemic sparks new front in abortion wars; Red states are seeking to close clinics, saying they’re ‘non-essential'”: Alice Miranda Ollstein, Renuka Rayasam, and Danielle Muoio of Politico have this report.

Posted at 3:21 PM by Howard Bashman



“Will Coronavirus Stop America from Carrying Out Executions?” Austin Sarat has this essay online at Justia’s Verdict.

Posted at 1:12 PM by Howard Bashman



“Justice vs. Conformity at Scalia Law; George Mason University may disclose an anonymous donor under political pressure”: The Wall Street Journal published this editorial earlier this month.

Posted at 10:16 AM by Howard Bashman



“Alaska Supreme Court orders sweeping changes to how the courts run during the coronavirus pandemic”: Michelle Theriault Boots of The Anchorage Daily News has this report.

Posted at 10:08 AM by Howard Bashman



“Activists demand a plan for delayed Trump tax and financial records cases at the US Supreme Court”: Ephrat Livni of Quartz has this report.

Posted at 10:00 AM by Howard Bashman



“The Supreme Court handed down a unanimous decision that bodes ill for the future of civil rights; The liberal justices gave up an important fight over how to prove discrimination”: Ian Millhiser has this essay online at Vox.

Posted at 9:57 AM by Howard Bashman



“The ‘Blurred Lines’ Case Scared Songwriters. But Its Time May Be Up. Decisions in copyright cases involving Led Zeppelin and Katy Perry suggest the open season on lawsuits could be coming to a close.” Ben Sisario has this article in today’s edition of The New York Times.

Posted at 9:52 AM by Howard Bashman



“We Don’t Have to Destroy the Constitution to Take on Coronavirus; Congress shouldn’t concede more power to Trump (or any other president); That’s the last thing we need”: Greg Weiner has this essay online at The New York Times.

Posted at 9:50 AM by Howard Bashman



“Gun Industry Lobbies to Keep Selling Despite Coronavirus Shutdowns; As long lines form to buy firearms and ammunition, debate flares over whether the Second Amendment makes gun stores essential in a pandemic”: Zusha Elinsonin and Jess Bravin of The Wall Street Journal have this report.

Posted at 9:44 AM by Howard Bashman



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