How Appealing



Friday, April 3, 2020

“Progressive activists leverage health care against Trump judicial nominee”: Ryan Lovelace of The Washington Times has an article that begins, “President Trump’s decision to nominate Judge Justin Walker for the federal appeals court in D.C. has provoked a new fight among activists on both sides of the partisan divide.”

Posted at 11:18 PM by Howard Bashman



“Lawsuits Swell as Owners, From Gun Shops to Golf Courses, Demand to Open; Orders to stay home and to shutter businesses because of the coronavirus are being challenged nationwide on the grounds they deny Americans their constitutional rights”: Neil MacFarquhar of The New York Times has this report.

Posted at 9:53 PM by Howard Bashman



“Alaska Supreme Court asks lawyers in recall case to further explain arguments”: Andrew Kitchenman of Alaska Public Media has this report.

Posted at 9:34 PM by Howard Bashman



“The Supreme Court Is Delaying Arguments Again — Why Don’t They Just Do A Videoconference Like The Rest Of Us? One group is launching an ad campaign urging the justices to hold arguments over releasing President Donald Trump’s financial records via teleconference.” Dominic Holden of BuzzFeed News has this report.

Posted at 7:15 PM by Howard Bashman



“Of Course Hobby Lobby Thinks It’s Above the Law; No one should be surprised that the craft store chain is defying shutdown orders”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 4:06 PM by Howard Bashman



“Supreme Court again postpones oral arguments due to coronavirus pandemic”: Richard Wolf of USA Today has this report.

Alex Swoyer of The Washington Times reports that “Supreme Court postpones April arguments amid coronavirus pandemic.”

Lawrence Hurley of Reuters reports that “Supreme Court postpones April oral arguments.”

Greg Stohr of Bloomberg News reports that “Supreme Court Postpones April Arguments; 20 Cases Delayed.”

Ariane de Vogue of CNN reports that “Supreme Court delays oral arguments scheduled for April.”

And John Kruzel of The Hill reports that “Supreme Court postpones April arguments.”

The U.S. Supreme Court today issued this news release concerning the postponement of its April 2020 oral argument calendar.

Posted at 4:03 PM by Howard Bashman



Here’s a poll I just posted on Twitter:

Appellate colleagues (and anyone else who wishes to express an opinion): How should courts handle briefing and similar deadlines in non-emergency appellate matters now?

(1). Auto extend across-board.

(2). Extend upon request.

If you are on Twitter, you can take the poll via this link.

I’m thinking about writing on this topic for the next installment of my monthly appellate column, so my first thought was to seek the views of others on the subject.

As always, readers are free to share their views with me on this subject via email as well.

Posted at 2:14 PM by Howard Bashman



“Meet the Trump Judge Who Handed Texas Its Abortion Ban: In this new monthly column, we examine Trump-appointed judges, including Kyle Duncan, who are upending long-standing civil and human rights.” Lisa Needham has this essay at Rewire.News.

Posted at 1:42 PM by Howard Bashman



“Trump taps former Kavanaugh clerk to fill vacancy on powerful D.C. appeals court”: Seung Min Kim of The Washington Post has this report.

Posted at 1:24 PM by Howard Bashman



“A Pandemic Won’t Stop Trump And Republicans From Trying To Get More Judges Confirmed; The White House announced a nominee for the DC Circuit on Friday; The Senate Judiciary Committee hasn’t decided yet how to handle new nominations, which usually involve in-person testimony”: Zoe Tillman of BuzzFeed News has this report.

Posted at 1:16 PM by Howard Bashman



“Remembering The Time Supreme Court Justice Sonia Sotomayor Saved Baseball From Using Replacement Players”: Larry Fleisher has this post online at Forbes.

Posted at 1:06 PM by Howard Bashman



“The Jarndyce v. Jarndcye of Church-State Cases: The Contraception Mandate is back at the Supreme Court.” Mark Movsesian has this post at “The Volokh Conspiracy.”

Posted at 12:58 PM by Howard Bashman



“Common-Good Constitutionalism Reveals the Dangers of Any Non-originalist Approach to the Constitution: This wolf comes as a wolf.” Law professor Randy E. Barnett has this essay online at The Atlantic.

Also online at The Atlantic, law professor Garrett Epps has an essay titled “Common-Good Constitutionalism Is an Idea as Dangerous as They Come; It’s an argument for authoritarian extremism.”

And at the “Balkinization” blog, Jack Balkin has a post titled “Common Good versus Public Good.”

Posted at 12:55 PM by Howard Bashman



“Courtroom access: An online quest: ‘how to watch a Supreme Court argument.'” Katie Bart has this post at “SCOTUSblog.”

Posted at 12:44 PM by Howard Bashman



“U.S. Supreme Court Justice Sonia Sotomayor To Receive Jefferson Medal in Law; Trailblazing Jurist Served on U.S. District, Appellate Courts”: Mike Fox of University of Virginia School of Law has this report.

Posted at 11:30 AM by Howard Bashman



“Trump picks young judge likely to court controversy for open seat on federal appeals court in D.C.” Ryan Lovelace of The Washington Times has an article that begins, “President Trump plans to nominate Judge Justin Walker, 37, for the federal appeals court in D.C., making him the youngest nominee since the 1980s to the nation’s premier federal appellate court.”

And Ariane de Vogue of CNN reports that “Trump picks controversial McConnell ally for powerful appeals court.”

Today, the White House issued a news release titled “President Donald J. Trump Announces Judicial Nominee.”

Posted at 11:02 AM by Howard Bashman