How Appealing



Tuesday, May 5, 2020

“Crime Victim’s Petition for Rehearing En Banc Just Filed in the Eleventh Circuit Jeffrey Epstein Case; Epstein’s victims ask the full Court to rehear this case, which upholds concealing ‘secret’ non-prosecution agreements from crime victims”: Paul Cassell has this post at “The Volokh Conspiracy” about a petition for rehearing en banc that he filed today in the U.S. Court of Appeals for the Eleventh Circuit.

Posted at 11:30 PM by Howard Bashman



“The Endless War on the Little Sisters of the Poor: Why does the left insist on making nuns pay for birth control?” Law professor Helen Alvaré has this essay online at The Wall Street Journal.

Posted at 11:22 PM by Howard Bashman



“Judicial Code of Misconduct: An ethics advisory committee is used to defeat a nominee.” The Wall Street Journal has published this editorial.

Posted at 11:18 PM by Howard Bashman



“Will Americans Lose Their Right to Vote in the Pandemic? The safest way to cast a ballot will very likely be by mail. But with opposition from the president, limited funding and time running out, will that option be available?” Emily Bazelon has this article online at The New York Times Magazine.

Posted at 11:03 PM by Howard Bashman



“Justice Ginsburg in hospital with infection, court says”: Mark Sherman of The Associated Press has a report that begins, “Justice Ruth Bader Ginsburg was hospitalized Tuesday with an infection caused by a gallstone, but plans to take part in the court’s arguments by telephone Wednesday, the Supreme Court said.”

And Dennis Romero and Pete Williams of NBC News report that “Justice Ruth Bader Ginsburg hospitalized for gallbladder condition; She plans to take part in Supreme Court teleconference arguments on Wednesday.”

Posted at 9:02 PM by Howard Bashman



“Judge Says He Faced No Political Pressure From McConnell To Retire”: Susan Davis and Nina Totenberg of NPR have this report.

Posted at 8:32 PM by Howard Bashman



“Young McConnell Protégé Faces Scrutiny as He Seeks Powerful Judgeship; No stranger to partisan warfare at 37, Judge Justin Walker will go before the Senate Judiciary Committee, which is considering him for a seat on the Court of Appeals for the District of Columbia”: Elizabeth Williamson and Rebecca R. Ruiz of The New York Times have this report.

Earlier, Ruiz and Ben Protess of The New York Times had an article headlined “Trump Nominee Is Among Judges Opposed to Banning Membership in Conservative Group; Judge Justin Walker joined a bevy of judges, many appointees of the president, in railing against an ethics proposal on the Federalist Society.”

Andrew Wolfson of The Courier Journal of Louisville, Kentucky reports that “Judge asks for investigation of McConnell’s role in creating federal bench vacancy.” And Phillip M. Bailey of The Courier Journal has an article headlined “5 things to know about Judge Justin Walker and his backing by Sen. Mitch McConnell.

Madison Alder of Bloomberg Law reports that “D.C. Circuit Pick Once Rated ‘Not Qualified’ Gets Top ABA Mark.”

Jordain Carney of The Hill reports that “Graham to hold confirmation hearing this week for controversial Trump court pick.”

And Li Zhou of Vox has a report headlined “‘Leave no vacancy behind’: Mitch McConnell remains laser-focused on judges amid coronavirus; Democrats, meanwhile, are wondering why a judicial nominee is even on the docket when lawmakers haven’t approved more stimulus.”

Posted at 5:50 PM by Howard Bashman



“Free coverage for contraceptives? Supreme Court again considers religious exemptions”: Richard Wolf of USA Today has this report.

Posted at 3:32 PM by Howard Bashman



“How close is President Trump to his goal of record-setting judicial appointments?” Russell Wheeler has this post at the “FixGov” blog of The Brookings Institution.

Posted at 2:35 PM by Howard Bashman



“Conservative justices appear skeptical of authority for Safer at Home extension to battle coronavirus”: Ed Treleven of The Wisconsin State Journal has this report.

Molly Beck of The Milwaukee Journal Sentinel reports that “GOP lawsuit to block Tony Evers’ order to stay home in hands of Supreme Court.”

Colby Itkowitz of The Washington Post reports that “Wisconsin state Supreme Court hears GOP lawmakers’ challenge to stay-at-home order; One justice compared the legality of the order to the World War II Japanese internment camps.”

And in earlier commentary, online at Vox, Ian Millhiser has an essay titled “A Republican lawsuit could force Wisconsin to reopen immediately; If successful, the GOP lawsuit could permanently disable the state’s public health agency.”

WisconsinEye has posted on YouTube at this link the video of today’s Zoom oral argument before the Supreme Court of Wisconsin.

Posted at 2:11 PM by Howard Bashman



“Judges rule in favor of Chicago in sanctuary city fight with Trump Justice Department”: John Byrne of The Chicago Tribune has this report.

Ted Hesson of Reuters reports that “U.S. appeals court rules against Trump attempt to withhold funds from ‘sanctuary’ cities.”

A.D. Quig of Crain’s Chicago Business reports that “City Hall scores a win in sanctuary city fight with Trump administration; Lightfoot said when she got the news that the appeals court sided with Chicago, she ‘let out a cheer.’

And Patricia Manson of Chicago Daily Law Bulletin reports that “Chicago scores victory in sanctuary city battle.”

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

Posted at 2:04 PM by Howard Bashman



“Anheuser-Busch Can Run Miller, Coors ‘Corn Syrup’ Ads”: Blake Brittain of Bloomberg Law has this report.

Lorraine Bailey of Courthouse News Service reports that “Seventh Circuit Sides With Budweiser in Advertising Beef With Miller; A three-judge panel vacated an injunction preventing Bud Light ads from referring to its competitor’s use of corn syrup.”

And at the “MarketingDaily” blog of MediaPost, P.J. Bednarski has an entry titled “Simple: Court Says Bud Light’s ‘Corn Syrup’ Ad Tells It Like It Is.”

Circuit Judge Frank H. Easterbrook wrote Friday’s ruling of the U.S. Court of Appeals for the Seventh Circuit.

Posted at 1:36 PM by Howard Bashman



“Appeals court lets Beshear’s ban on in-church services amid coronavirus pandemic stand”: Billy Kobin of The Louisville Courier Journal has this report.

Karla Ward of The Lexington Herald Leader reports that “Federal appeals court rules that Beshear must allow Louisville church’s drive-in services.”

Alex Ebert of Bloomberg Law reports that “Virus Orders Can’t Bar Kentucky Drive’In Church, Court Rules.”

And Jon Parton of Courthouse News Service reports that “Sixth Circuit Upholds Kentucky Ban on Mass Gatherings.”

You can access Saturday’s per curiam order of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 11:54 AM by Howard Bashman



“Former Richardson mayor, developer get new bribery trial due to court officer’s meddling with juror; Laura and Mark Jordan will get a new trial because of a court security officer’s blundering attempts to reassure an upset and waffling juror, the judge ruled”: Kevin Krause of The Dallas Morning News has this report.

And Stephen Young of the Dallas Observer reports that “Former Richardson Mayor, Husband Get New Corruption Trial.”

You can access last Friday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 11:38 AM by Howard Bashman



“Barr urges Trump administration to back off call to fully strike down Obamacare”: Kaitlan Collins, Joan Biskupic, Evan Perez, and Tami Luhby of CNN have this report.

Posted at 11:18 AM by Howard Bashman



Fifth Circuit issues so-called “Zombie Action” en banc decision addressing how to obtain a final judgment for purposes of appellate jurisdiction where some defendants were dismissed without prejudice: You can access yesterday’s en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

The reward for most entertaining opinion goes (as it often has) to Circuit Judge Don R. Willett, who issued an opinion concurring in the judgment.

Circuit Judge James C. Ho wrote the majority opinion on behalf of a total of 10 judges and also issued a solo concurring opinion to respond to a lengthy dissenting opinion, which Circuit Judge Andrew S. Oldham issued on behalf of himself and three other judges.

Posted at 11:11 AM by Howard Bashman



“The Supreme Court hears the biggest presidential immunity cases since Nixon; The Trump subpoena cases are about whether this president is above the law”: Ian Millhiser has this essay online at Vox.

Posted at 10:38 AM by Howard Bashman