How Appealing



Monday, April 6, 2020

“Judges Struck Down Four State Bans On Abortions During The Coronavirus Outbreak; Reproductive rights groups have sued five states, including Texas, Alabama, Oklahoma, Iowa, Indiana, and Ohio, for banning abortions as part of their coronavirus-mitigation strategies”: Ema O’Connor of BuzzFeed News has this report.

Posted at 11:48 PM by Howard Bashman



“Red States Are Exploiting Coronavirus to Ban Abortion; For autocrats everywhere, the crisis is a chance to restrict rights”: Columnist Michelle Goldberg will have this op-ed in Tuesday’s edition of The New York Times.

Posted at 11:38 PM by Howard Bashman



“3Ls: Uncertainty is bad but lonely, abrupt end of school is worse.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 6:42 PM by Howard Bashman



“The Federal Government’s ‘Police Power’ and the Takings Clause: Part I; What is the source of the federal government’s ‘police power’ to ‘take’ property without ‘just compensation’?” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 3:56 PM by Howard Bashman



“Coronavirus in Ohio: Appeals court allows some surgical abortions to continue amid COVID-19.” Jessie Balmert of The Cincinnati Enquirer has this report.

Andrew J. Tobias of The Cleveland Plain Dealer reports that “Judges dismiss state’s appeal of ruling allowing abortions to continue in Ohio during coronavirus emergency.”

Mary Anne Pazanowski of Bloomberg Law reports that “Sixth Circuit Won’t Stop Abortions in Ohio Under Covid-19 Order.”

You can access today’s order of a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 3:52 PM by Howard Bashman



“Wisconsin Gov. Tony Evers issues order shutting down Tuesday’s election”: Molly Beck and Patrick Marley of The Milwaukee Journal Sentinel have this report.

Posted at 2:50 PM by Howard Bashman



“Coronavirus Inside Oakdale Prison: ‘Our Sentences Have Turned Into Death Sentences’; As coronavirus spread, healthy inmates — six to a cell — weren’t always separated from sick ones, say they couldn’t get tests, cleaning supplies and masks; coughing echoed through the hallways.” Sadie Gurman, Zusha Elinson, and Deanna Paul of The Wall Street Journal have this report.

Posted at 2:48 PM by Howard Bashman



“How Much Liberty Must We Give Up? A Constitutional Analysis of the Coronavirus Lockdown Proposals.” Ahilan Arulanantham has this post at the “Just Security” blog.

Posted at 2:45 PM by Howard Bashman



“Coronavirus Shouldn’t Grind All Appellate Proceedings to a Halt”: Tomorrow’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, will contain this new installment of my monthly “Upon Further Review” column.

Posted at 2:10 PM by Howard Bashman



“Supreme Court Rules on Traffic Stops and Age Bias; The court also turned down an appeal on whether transit systems may reject religious advertising”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court says federal workers are entitled to a personnel process untainted by age considerations.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Sides With Federal Workers on Civil Service Age-Bias Claims; Court also eases Fourth Amendment limits on police.”

Richard Wolf of USA Today has an article headlined “‘OK, boomer!’ Supreme Court hands partial victory to federal worker claiming age discrimination.”

Alex Swoyer of The Washington Times reports that “Supreme Court rules unwarranted traffic stops are reasonable.”

Mark Sherman of The Associated Press reports that “Justices rule for federal employee over age discrimination.”

Ariane de Vogue of CNN reports that “Kansas law enforcement was justified in stopping vehicle after learning the owner’s license was revoked, Supreme Court says.”

Ronn Blitzer and Shannon Bream of Fox News report that “Supreme Court upholds controversial traffic stop by police.”

And John Kruzel of The Hill reports that “Supreme Court sides with police in traffic stop case.”

Posted at 1:23 PM by Howard Bashman



“Supreme Court won’t review ruling that Metro can ban religious advertising”: Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that “Supreme Court won’t hear Catholic Church challenge to ban on religious advertising.”

Alex Swoyer of The Washington Times reports that “Supreme Court rejects challenge over religious ad ban by Metro.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court turns away religious clash over Washington transit ads.”

Ariane de Vogue and Devan Cole of CNN report that “Supreme Court declines to hear case concerning DC transit agency’s restrictions on religious ads.”

And Harper Neidig of The Hill reports that “Supreme Court won’t hear challenge to DC Metro ban on religious ads.”

Posted at 1:03 PM by Howard Bashman



“After a long legal struggle, Seattle band Thunderpussy is granted a U.S. trademark”: Brendan Kiley of The Seattle Times has an article that begins, “It took five years and two U.S. Supreme Court cases, but last week, the band Thunderpussy finally scored a federal trademark.”

Posted at 12:55 PM by Howard Bashman



“‘Scared to Death’ by Arbitration: Companies Drowning in Their Own System; Lawyers and a Silicon Valley start-up have found ways to flood the system with claims, so companies are looking to thwart a process they created.” Michael Corkery and Jessica Silver-Greenberg of The New York Times have this report, in which “How Appealing” reader Travis Lenkner is mentioned.

Posted at 12:52 PM by Howard Bashman



“‘We’re in Uncharted Territory’: The Thorny Legal Terrain of Gun Store Closures; Debate is brewing about the constitutionality of limiting gun rights during the coronavirus pandemic.” Brian Freskos of The Trace has this report.

Posted at 12:48 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Babb v. Wilkie, No. 18-882. Justice Sonia Sotomayor issued a concurring opinion, in which Justice Ruth Bader Ginsburg joined. And Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion of the Court in Kansas v. Glover, No. 18-556. Justice Elena Kagan issued a concurring opinion, in which Justice Ginsburg joined. And Justice Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

In Archdiocese of Washington v. Washington Metropolitan Area Transit Auth., No. 18–1455, Justice Neil M. Gorsuch issued a statement, in which Justice Clarence Thomas joined, respecting the denial of certiorari.

In Halprin v. Davis, No. 19–6156, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari.

And in VF Jeanswear LP v. EEOC, No. 19–446, Justice Thomas issued a dissent from the denial of certiorari.

Posted at 9:31 AM by Howard Bashman