How Appealing



Tuesday, April 7, 2020

“Appeals court leaves in place Texas executive order restricting abortion during pandemic”: Robert Barnes of The Washington Post has this report.

Jeremy Blackman of The Houston Chronicle reports that “Appeals court upholds temporary abortion ban in Texas.”

Morgan Phillips of Fox News reports that “Appeals court allows Texas to ban most abortions during coronavirus pandemic.”

And Alice Miranda Ollstein of Politico reports that “Court backs Texas pandemic abortion ban, citing emergency powers; A divided three-judge panel of the 5th U.S. Circuit Court of Appeals threw out a lower court ruling blocking the ban.”

My earlier coverage of today’s ruling of a divided three-judge Fifth Circuit panel can be accessed here.

Posted at 10:50 PM by Howard Bashman



“Trump administration can resume executions, but not just yet, divided appeals court rules”: Mark Berman and Ann E. Marimow of The Washington Post have this report.

Jess Bravin of The Wall Street Journal reports that “Court Approves Justice Department’s Execution Procedures; Trump administration’s plans to reactivate federal death chamber still face legal hurdles, coronavirus challenges.”

Stephen Dinan of The Washington Times reports that “Appeals court sides with Trump administration on death penalty protocol.”

Jessica Gresko and Coleen Long of The Associated Press report that “Trump gets win in executions case, but more litigation ahead.”

And Jack Rodgers of Courthouse News Service reports that “DC Circuit Backs Resumption of Federal Death Penalty.”

My earlier coverage of today’s splintered D.C. Circuit ruling can be accessed here.

Posted at 10:16 PM by Howard Bashman



“Federal judge expands voting decision to apply to all ex-felons in Florida”: Lori Rozsa of The Washington Post has this report.

Posted at 10:06 PM by Howard Bashman



“The Supreme Court’s Wisconsin Decision and the Universal Policy that Absentee Ballots Must be Cast (Postmarked) On or Before Election Day”: Richard Pildes has this post at the “Election Law Blog.”

Posted at 8:56 PM by Howard Bashman



“Buckling to pressure, many states deem gun stores ‘essential,’ allow them to remain open during pandemic; The efforts to keep gun purchases available during the outbreak underscores the extraordinary demand for firearms that the crisis has created”: Adam Edelman of NBC News has this report.

Posted at 8:50 PM by Howard Bashman



“We Can’t Rely on the Supreme Court to Guard the 2020 Election; Wisconsin’s debacle shows states would do well to resolve their own voting disputes”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 7:55 PM by Howard Bashman



“Ohio Supreme Court Takes Historic Step And Hears Oral Arguments Remotely”: Karen Kasler of Ohio’s Statehouse News Bureau has this report.

Posted at 7:10 PM by Howard Bashman



“For the first time ever, California Supreme Court hears arguments remotely due to coronavirus”: Maura Dolan of The Los Angeles Times has this report.

Posted at 7:06 PM by Howard Bashman



“Appeals Court Allows Texas to Ban Most Abortions During Coronavirus Pandemic; Litigation shaping up as test of whether states can use national health emergency to place sweeping restrictions on abortion”: Brent Kendall of The Wall Street Journal has this report.

Chuck Lindell of The Austin American-Statesman reports that “Appeals court allows Texas to continue coronavirus abortion ban.”

María Méndez of The Dallas Morning News reports that “Appeals courts upholds Texas’ abortion ban as a public health emergency measure; The court said the a previous ruling from a federal judge blocking the ban ignored the state’s ability to restrict rights during a public health emergency.”

Jim Vertuno of The Associated Press reports that “Court allows Texas to ban most abortions during virus crisis.”

Lawrence Hurley of Reuters reports that “U.S. appeals court allows abortion curbs in Texas during coronavirus.”

Laurel Brubaker Calkins of Bloomberg News reports that “Texas Allowed to Halt Abortions to Conserve Masks, Gloves.”

Ariane de Vogue and Caroline Kelly of CNN report that “Appeals court upholds Texas abortion restrictions during coronavirus pandemic.”

John Kruzel of The Hill reports that “Appeals court sides with Texas on abortion restrictions amid pandemic.”

And Emma Platoff of The Texas Tribune reports that “Texas can enforce abortion ban during coronavirus pandemic, federal appeals court rules; Republican state officials have said barring the procedure in almost all cases is essential for preserving hospital resources during the pandemic; Abortion providers call it political opportunism — and unconstitutional.”

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

Posted at 5:42 PM by Howard Bashman



“Rulings on Wisconsin Election Raise Questions About Judicial Partisanship; Some legal scholars said the decisions by the state and U.S. supreme courts could undermine confidence in the rule of law; Others said they were the product of judicial philosophy, not partisanship”: Adam Liptak of The New York Times has this report.

Posted at 5:28 PM by Howard Bashman



“A Personal Note From David Lat: Thank you, Above the Law readers, for your support during a very difficult time for me.” David Lat has this post at “Above the Law.” Thanks to David (and others who fortunately agreed with him), the “How Appealing” blog is hosted on the “Above the Law” domain.

Posted at 5:26 PM by Howard Bashman



“Courtroom access: Despite hit-and-run injury, San Diego resident maintains streak of attending LGBTQ arguments.” Kalvis Golde has this post at “SCOTUSblog.”

Posted at 3:36 PM by Howard Bashman



“John Roberts’ unwavering, limited view of voting access seen in Supreme Court’s Wisconsin ruling”: Joan Biskupic of CNN has this report.

Online at The Atlantic, law professor Leah Litman has an essay titled “The Supreme Court’s Wisconsin Decision Is a Terrible Sign for November; The justices are forcing citizens to choose between voting and staying safe from the coronavirus; This fall’s election could be no different.”

Online at The Nation, Elie Mystal has an essay titled “SCOTUS Just Set the Stage for Republicans to Steal the Election; In a 5-4 decision, the Supreme Court blocked Wisconsin from extending the absentee voting deadline, disenfranchising thousands and creating a terrible precedent.”

And at “Dorf on Law,” Eric Segall has a blog post titled “The GOP’s Decade-Long Efforts to Kill Voting Rights.”

Posted at 2:06 PM by Howard Bashman



“U.S. appeals court hands win to Trump plan to resume federal executions”: Lawrence Hurley of Reuters has this report.

And Jordan S. Rubin of Bloomberg Law reports that “Trump-Appointed Judges Give President Federal Execution Win.”

You can access today’s 2-to-1 per curiam ruling of the U.S. Court of Appeals for the D.C. Circuit, accompanied by a separate opinion from each of the three judges, at this link.

Update: In other coverage, Josh Gerstein of Politico reports that “Appeals court rejects block on Trump administration execution plans; A three-judge panel splintered over feds’ obligation to follow state death penalty procedures.”

Posted at 12:26 PM by Howard Bashman



“The Federal Government’s ‘Police Power’ and the Takings Clause: Part II; The Commerce and Necessary and Proper Clauses give Congress the power to prohibit the possession of certain items.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 12:09 PM by Howard Bashman



“Supreme Court decision to allow Wisconsin vote during pandemic ‘boggles the mind,’ Ginsburg says”: Ariane de Vogue of CNN has this report.

Posted at 12:03 PM by Howard Bashman



“Commonsense Suspicion: Thoughts on Kansas v. Glover; The Supreme Court rules in an interesting Fourth Amendment case.” Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 11:33 AM by Howard Bashman



“Liberals recoil at SCOTUS’ Wisconsin primary decision; But GOP-appointed justices contend they are not passing broad judgment on virus-related election changes”: Josh Gerstein of Politico has this report.

Posted at 10:25 AM by Howard Bashman