How Appealing



Tuesday, May 26, 2020

“In federal appeal Gloucester School Board defends banning Gavin Grimm from boys bathroom”: Justin Mattingly of The Richmond Times-Dispatch has this report.

Ann E. Marimow of The Washington Post reports that “Transgender student Gavin Grimm’s battle over bathroom access returns to court.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Federal Appeals Court Appears Divided on Transgender Rights in Gavin Grimm Case” (registration required for full access).

You can access via this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

Posted at 11:40 PM by Howard Bashman



“The Justice Department Has Had to Twist Itself in Knots to Defend Trump on Emoluments; For decades, the department has interpreted the Constitution to err on the side of country first; Now all that has changed”: Jane Chong has this essay online at The Atlantic.

Posted at 11:30 PM by Howard Bashman



“Legislature asks Michigan Supreme Court to consider emergency powers case”: Craig Mauger of The Detroit News has an article that begins, “The Republican-controlled Legislature is asking the Michigan Supreme Court to immediately consider its lawsuit challenging Democratic Gov. Gretchen Whitmer’s emergency powers to combat the COVID-19 pandemic.”

Posted at 11:28 PM by Howard Bashman



“Griffis, Westbrooks square off for Mississippi Supreme Court seat”: Jimmie E. Gates of The Clarion Ledger of Jackson, Mississippi has an article that begins, “Mississippi Court of Appeals Judge Latrice Westbrooks is seeking to become the first African American woman on the Mississippi Supreme Court.”

Posted at 11:14 PM by Howard Bashman



“There’s No Historical Justification for One of the Most Dangerous Ideas in American Law; The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise”: Law professors Julian Davis Mortenson and Nicholas Bagley have this essay online at The Atlantic.

Posted at 11:00 PM by Howard Bashman



“PA Supreme Court Posts Arguments On YouTube, But Blocks Media From Airing Them”: An-Li Herring of 90.5 WESA, Pittsburgh’s NPR News Station, has a report that begins, “Last week, the Pennsylvania Supreme Court live-streamed oral arguments for the first time in history, to limit the spread of COVID-19. Videos of the court sessions now reside on YouTube, but the media is prohibited from using any of the footage in news broadcasts.”

Posted at 10:10 PM by Howard Bashman



“Supreme Court Refuses to Stop Order to Move Inmates From Virus-Ravaged Prison; The court’s action left in place a court order requiring prison officials to move more than 800 older or medically vulnerable prisoners from a facility that has seen nine deaths from Covid-19”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court won’t stop Ohio order for prisoners to be moved or released because of coronavirus.”

David G. Savage of The Los Angeles Times reports that “Supreme Court refuses for now to block release of prisoners due to COVID-19.”

Jess Bravin and Sadie Gurman of The Wall Street Journal report that “Supreme Court Won’t Block Court Order to Slow Spread of Coronavirus in Federal Prison Where Nine Have Died; Federal judge required Elkton, Ohio, prison to identify vulnerable inmates for home confinement, transfer.”

Richard Wolf of USA Today reports that “Supreme Court refuses to block lower court order demanding action against coronavirus at Ohio prison.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court declines to block at-risk prisoner transfer plan.”

Greg Stohr of Bloomberg News reports that “Supreme Court Won’t Block Order to Move Inmates Threatened by Virus.”

Tucker Higgins of CNBC reports that “Supreme Court rejects Justice Department bid to halt order aimed at slowing spread of coronavirus at Ohio prison.”

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 10:07 PM by Howard Bashman



“Baker County judge stands by ruling that found Oregon governor’s emergency coronavirus orders invalid”: Maxine Bernstein of The Oregonian has an article that begins, “Baker County Circuit Judge Matthew B. Shirtcliff informed the state Supreme Court on Tuesday that he will not dismiss the preliminary injunction he granted earlier this month, finding Gov. Kate Brown’s emergency coronavirus orders ‘null and void.'”

Posted at 9:48 PM by Howard Bashman



“DeSantis appoints two South Floridians to state Supreme Court”: Samantha J. Gross of The Miami Herald has an article that begins, “Gov. Ron DeSantis dipped into the legal ranks of South Florida’s immigrant communities Tuesday in announcing appointments to fill two vacancies on the Florida Supreme Court.”

And Skyler Swisher of The South Florida Sun Sentinel reports that “Gov. Ron DeSantis appoints first Caribbean-American and a Miami lawyer to Florida Supreme Court.”

Posted at 9:41 PM by Howard Bashman



“Adjourned: Overlawyered to cease publication May 31.” Walter Olson has this post at “Overlawyered,” which came into existence nearly 21 years ago.

The “How Appealing” blog, by contrast, commemorated its 18th birthday earlier this month, which didn’t even seem worth noting at the time.

Posted at 9:34 PM by Howard Bashman