How Appealing



Monday, April 20, 2020

“The Coronavirus Is Testing America’s Commitment to People’s Constitutional Rights; The government’s reaction to COVID-19 in jails and ICE detention facilities must follow settled legal precedent on acceptable conditions of confinement; The pandemic does not change that obligation”: Joshua Matz has this essay online at The Atlantic.

Posted at 11:10 AM by Howard Bashman



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

1. Justice Neil M. Gorsuch delivered the opinion of the Court in large measure in Ramos v. Louisiana, No. 18-5924. Justice Sonia Sotomayor issued an opinion concurring in large measure. Justice Brett M. Kavanaugh issued an opinion concurring in part. Justice Clarence Thomas issued an opinion concurring in the judgment. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. joined in full and Justice Elena Kagan joined in large measure. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916. And Justice Gorsuch issued a dissenting opinion, in which Justice Sotomayor joined in large measure. You can access the oral argument via this link.

And Chief Justice Roberts delivered the opinion of the Court in Atlantic Richfield Co. v. Christian, No. 17-1498. Justice Alito issued an opinion concurring in part and dissenting in part. And Justice Gorsuch issued an opinion concurring in part and dissenting in part, in which Justice Thomas joined. 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 granted review in one new case.

And in Robinson v. Dep’t of Education, No. 19–512, Justice Clarence Thomas issued a dissent, in which Justice Brett M. Kavanaugh joined, from the denial of certiorari.

Posted at 9:32 AM by Howard Bashman



Sunday, April 19, 2020

“Coronavirus Intensifies Legal Tussle Over Voting Rights; Pandemic adds twist to some long-simmering controversies playing out during 2020 election cycle”: Brent Kendall and Alexa Corse of The Wall Street Journal have this report.

Posted at 11:33 PM by Howard Bashman



“11th Circuit Throws Out Copyright Case From Pantera Guitar Designer; Despite losing in court, Buddy Webster is happy to be recognized by the 11th Circuit as the creator of the ‘Dean From Hell'”: Kayla Goggin of Courthouse News Service has this report.

And Blake Brittain of Bloomberg Law reports that “Guitar Maker Escapes Copyright Claims Over Pantera Guitar Design” (subscription required for full access).

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

Posted at 8:47 PM by Howard Bashman



“In landmark pilot, High Court livestreams hearing on Shin Bet phone tracking; Bench considers petition against security service using data from coronavirus patients’ devices to track their previous movements; ruling expected next week”: The Times of Israel has this report.

Posted at 11:14 AM by Howard Bashman



“Centuries-old law cannot be used to reclaim lost wager, state Supreme Court rules; Daily fantasy sports a game of skill, not chance, court says”: Rebecca Anzel of Capitol News Illinois has this report on a ruling that the Supreme Court of Illinois issued Thursday.

A little over two months ago, Michael Levenson of The New York Times had an article headlined “Fantasy Sports Contests Are Illegal Gambling, New York Appeals Court Rules; The court found that a law allowing the contests was unconstitutional, dealing a setback to sites like FanDuel and DraftKings,” reporting on a ruling of the New York State Supreme Court, Appellate Division, Third Judicial Department.

Posted at 11:06 AM by Howard Bashman



“FCC Takes Marathon Battle Over Media Ownership Rules to Supreme Court; Backed by Trump’s DOJ, the media regulator was previously told to do a better job examining how deregulation would impact ownership of TV and radio stations by women and minorities”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 10:50 AM by Howard Bashman



Saturday, April 18, 2020

“To Protect and Serve, or Pilfer and Steal? It’s commonly held that letting the cops do crimes is a big no-no, but thanks to a zany lower court ruling the question is in the Supreme Court’s hands.” Matt Ford of The New Republic has this report.

Posted at 9:52 PM by Howard Bashman



“Republican lawmakers are planning to ask the Supreme Court to block Evers’ stay-at-home order extension”: In today’s edition of The Milwaukee Journal Sentinel, Patrick Marley and Molly Beck have a front page article that begins, “Republican legislative leaders are planning to ask the conservative-controlled Wisconsin Supreme Court to block Gov. Tony Evers’ latest order to shut down the economy until late May — deepening the partisan divide over how to battle the coronavirus pandemic.”

Posted at 4:50 PM by Howard Bashman



“Tennessee can’t delay abortions, ‘even by a matter of days,’ amid COVID-19, judge says”: Adam Tamburin of The Tennessean has this report.

Travis Loller of The Associated Press has a report headlined “Judge: Tennessee can’t prevent abortions during coronavirus.”

And Veronica Stracqualursi of CNN reports that “Federal judge blocks Tennessee governor’s order and allows abortions to continue in state amid coronavirus.”

You can access at this link yesterday’s order of the U.S. District Court for the Middle District of Tennessee, issued by a Senior U.S. District Judge based in Detroit, Michigan sitting by special designation.

Posted at 4:40 PM by Howard Bashman



Friday, April 17, 2020

“Judge Justin Walker is a window into McConnell’s sway on federal courts; Pick for D.C. Circuit part of a growing group of similarly situated jurists”: Todd Ruger of Roll Call has this report.

Posted at 11:58 PM by Howard Bashman



“Pro wrestling? Beaches? Golf? Guns? In coronavirus-closed America, it’s all essential somewhere.” Griff Witte and Hannah Knowles of The Washington Post have this report.

Posted at 9:00 PM by Howard Bashman



“The 9/11 Trial: Why Is It Taking So Long? The trial of five men accused of plotting the attacks had been scheduled for early next year — almost 20 years after the hijackings. Now even that schedule won’t be met. Here are the reasons.” Carol Rosenberg of The New York Times has this report.

Posted at 8:32 PM by Howard Bashman



“Yes, Trump Can Close Congress; The Constitution gives him the power to resolve a ‘disagreement’ over the ‘time of adjournment'”: Law professor Sai Prakash has this op-ed in today’s edition of The Wall Street Journal.

Posted at 6:48 PM by Howard Bashman



“Washington Should Fund Ministers’ Salaries; Excluding houses of worship from Covid bailouts would be discriminatory”: Law professor Michael A. Helfand has this op-ed in today’s edition of The Wall Street Journal.

Posted at 6:44 PM by Howard Bashman



“This ‘dreamer’ is saving lives during this pandemic. She wants a chance at normal life.” Columnist Catherine Rampell has this op-ed in today’s edition of The Washington Post.

Posted at 2:08 PM by Howard Bashman



“A Texas court battle could decide if millions are disenfranchised during the pandemic; The state attorney general is literally threatening criminal prosecutions against pro-voting activists”: Ian Millhiser has this essay online at Vox.

Posted at 1:34 PM by Howard Bashman



“The Lawyer Whose Clients Didn’t Exist: A well-known attorney helped land a $2 billion settlement for Gulf Coast seafood-industry workers; But who was he really representing?” Francesca Mari has this article in the May 2020 issue of The Atlantic.

Posted at 1:33 PM by Howard Bashman



“Is the Roberts Court Going to Let Coronavirus Kill Us?” Andrew Koppelman and Steven Lubet have this post at the “Just Security” blog.

Posted at 1:16 PM by Howard Bashman



“Courtroom access: A man whose family cut in line outside the court said he did nothing wrong. Everyone else disagreed.” Casey Quinlan has this post at “SCOTUSblog.”

Posted at 12:05 PM by Howard Bashman



Thursday, April 16, 2020

“After losing election, state Supreme Court Justice Daniel Kelly signals he will participate in voter rolls case”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 11:28 PM by Howard Bashman



“Can you argue in pajamas? Lawyers get ready for first-ever Supreme Court oral arguments by phone.” Tucker Higgins of MSNBC has this report.

Posted at 11:22 PM by Howard Bashman



“The Supreme Court Should Never Go Back to Its Pre-coronavirus Ways; The Court’s decision to make oral arguments more accessible and transparent is unprecedented — and should be the norm even after the pandemic”: Law professor Melissa Murray has this essay online at The Atlantic.

Posted at 11:18 PM by Howard Bashman



“Abortion during coronavirus: State bans, closed clinics, self-induced miscarriages.” Molly Hennessy-Fiske of The Los Angeles Times has this report.

Posted at 11:03 PM by Howard Bashman