How Appealing



Wednesday, April 22, 2020

“Two cases that could help ‘recage the executive lion'”: Online at The Washington Post, columnist George F. Will has an essay that begins, “The nation’s second-most important court, the U.S. Court of Appeals for the District of Columbia Circuit, sits at the foot of Capitol Hill, half a mile from where Congress sits and a mile from the White House.”

Posted at 10:04 PM by Howard Bashman



The state appellate courts of Pennsylvania have announced plans for the video or telephonic oral argument of appeals: The Supreme Court of Pennsylvania this afternoon posted this tweet announcing its plans to conduct its May 2020 oral argument session by videoconference.

Yesterday, the Superior Court of Pennsylvania issued an order announcing that on April 30, 2020 the court will begin hearing oral arguments by telephone.

And on Monday, the Commonwealth Court of Pennsylvania issued an announcement stating that its “May 11–15, 2020 Oral Argument Session [will] Be Conducted Remotely Using Advanced Video Communication Technology” — which sounds quite fancy!

Posted at 8:15 PM by Howard Bashman



“Pay Attention. The Supreme Court Is Talking About Abortion. A ruling on jury verdicts became a debate over precedent.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 7:54 PM by Howard Bashman



“Appealing Temporary Restraining Orders in COVID-19 Related Cases: Temporary restraining orders are normally not appealable; But parties are testing this general rule in cases involving COVID-19.” Bryan Lammon has this post at his “final decisions” blog.

Posted at 7:34 PM by Howard Bashman



“Automated License Plate Readers, the Mosaic Theory, and the Fourth Amendment; The Massachusetts Supreme Judicial Court weighs in”: Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 7:30 PM by Howard Bashman



“Public Health in the Balance: Judicial Review of Pandemic-Related Government Restrictions.” Eric A. Posner has this post at the “Lawfare” blog.

Posted at 7:28 PM by Howard Bashman



“Courtroom access: ‘Bridgegate’ and the politics of line-standing.” Kalvis Golde has this post at “SCOTUSblog.”

Posted at 7:05 PM by Howard Bashman



“Freelance reporter loses bid to revive First Amendment suit”: Patricia Manson of The Chicago Daily Law Bulletin has an article that begins, “A freelance reporter arrested while covering an undercover prostitution sting does not have a claim for a violation of his First Amendment rights, a federal appeals court held Monday.”

Earlier, Lorraine Bailey of Courthouse News Service reported that “Reporter Sues Over Arrest for Filming Police.”

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

Posted at 12:25 PM by Howard Bashman



“You’ve reached the Supreme Court. Press 1 for live arguments.” Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 12:18 PM by Howard Bashman



“The Important First Amendment Principle Now at Risk; The Supreme Court may hear a case that will test the country’s commitment to protecting protest organizers”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 12:11 PM by Howard Bashman



“Federal Government Not Liable for Border Agent Who Assaulted, Terrorized Migrants, Appeals Court Says”: Asher Stockler of Newsweek has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

Back in November 2018, Manny Fernandez of The New York Times reported on the incident giving rise to this lawsuit in an article headlined “They Were Stopped at the Texas Border. Their Nightmare Had Only Just Begun. After crossing the Rio Grande, three immigrant women were picked up by a Border Patrol agent in 2014. Their relief soon turned to terror.”

Posted at 12:03 PM by Howard Bashman



Fifth Circuit rejects Second Amendment challenge to federal law prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition, but majority on panel calls for en banc review to recalibrate that court’s Second Amendment analysis: You can access yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 11:54 AM by Howard Bashman



“Detainee Release Restraining Orders Can Be Immediately Appealed”: David McAfee of Bloomberg Law has this report on a ruling limited to whether appellate jurisdiction currently exists that the U.S. Court of Appeals for the Third Circuit issued yesterday.

And in earlier coverage of the decision that is the subject of the appeal, Liz Evans Scolforo of The York Dispatch reported that “Federal judge orders release of 22 more ICE detainees, 13 in York County Prison.”

Posted at 11:36 AM by Howard Bashman



“She Blinded Me With Science”: Pamela King of Greenwire reports that “D.C. Circuit hands down ‘resounding win for science.’

And Alexandra Jones of Courthouse News Service reports that “Suit Over EPA Advisory Board Shuffle Gets 2nd Wind.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. And you can access the video of the Thomas Dolby song, which provides this post’s title, on YouTube via this link.

Posted at 11:20 AM by Howard Bashman