How Appealing



Friday, May 15, 2020

“Gov. Walz makes Worthington judge his first Minnesota Supreme Court selection; Gordon Moore brings rural experience to courtroom”: Stephen Montemayor of The Minneapolis Star Tribune has this report.

Posted at 11:22 PM by Howard Bashman



“Wisconsin conservatives feel ‘snookered’ by court justice”: Scott Bauer of The Associated Press has a report that begins, “The euphoria that Wisconsin Republicans felt after winning yet another major political battle in the state Supreme Court this week is being dampened by a scathing dissent written by one of the conservative justices, raising doubts about how solid the conservative majority actually is.”

Posted at 11:11 PM by Howard Bashman



“Local health officials are tossing their coronavirus orders citing shaky legal grounds following Supreme Court ruling”: Molly Beck and Patrick Marley of The Milwaukee Journal Sentinel have this report.

Posted at 11:09 PM by Howard Bashman



“Ask the author: Reuters on the consequences of qualified immunity for police officers.” Katie Bart has this post at “SCOTUSblog.”

Posted at 1:44 PM by Howard Bashman



“Judge Sullivan vs. Justice Ginsburg: By inviting outside help, the Flynn jurist is acting ‘beyond the pale.'” This editorial appears in today’s edition of The Wall Street Journal.

Posted at 10:52 AM by Howard Bashman



“Federal Court of Appeal hears first appeal remotely; FCA Chief Justice Marc Noël discusses how his court has adapted in the wake of COVID-19”: Elizabeth Raymer of Canadian Lawyer has this interview.

Posted at 10:50 AM by Howard Bashman



“Democracy Lives in Wisconsin: Even in a pandemic, the state Supreme Court says shutdowns must follow the law.” The Wall Street Journal has published this editorial.

Posted at 10:46 AM by Howard Bashman



“Wisconsin Lockdown Ruling Shows Right Wing’s Paranoia. It isn’t tyranny to try to stop a pandemic. Truly.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:44 AM by Howard Bashman



“Clarence Thomas captivates with 63 questions on Supreme Court livestreams; The court’s historic live oral arguments were a riveting listen for thousands”: Devin Dwyer of ABC News has this report.

Posted at 10:38 AM by Howard Bashman



“An Uphill Climb for Women Supreme Court Advocates Gets Steeper”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 10:36 AM by Howard Bashman



Thursday, May 14, 2020

“Wisconsin Is a Warning: On Wednesday night, the state’s highest court issued a hyperpartisan ruling that endangers thousands of lives.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 11:30 PM by Howard Bashman



“The Very Real Problem of Both Trump and Pence Getting COVID-19 at the Same Time; If the president and the vice president become incapacitated simultaneously, the country could face a constitutional crisis”: Law professor Brian C. Kalt has this essay online at The Atlantic.

Posted at 11:28 PM by Howard Bashman



“Supreme Court Rejects Bid for Virus Protections in Texas Prison; The case was brought by two older inmates who said their lives were endangered by prison policies”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued this evening.

Posted at 11:02 PM by Howard Bashman



“Sen. Susan Collins’ challenger sounds alarm over next Supreme Court vacancy”: Seth McLaughlin of The Washington Times has this report.

Posted at 10:08 PM by Howard Bashman



“Wisconsin is opening, slowly, after coronavirus restrictions struck down by the state Supreme Court”: Ashley Luthern of The Milwaukee Journal Sentinel has this report.

The Wisconsin State Journal reports that “Communities, businesses scramble after Wisconsin court tosses stay-at-home order.”

And Jennifer Calfas and Jacob Gershman of The Wall Street Journal report that “Wisconsin Governor Urges Social Distancing After Court Blocks Statewide Lockdown; Divided court found state illegally launched extensive restrictions without input from legislature.”

Posted at 9:30 PM by Howard Bashman



“Judge Sullivan Disregards Two Controlling Precedents By Appointing Amicus In Flynn Case”: Mark Chenoweth has this post online at Forbes.

Posted at 9:16 PM by Howard Bashman



“In Oracle v. Google, the Supreme Court Should Protect Copyright in the Tech Industry”: Adam Mossoff has this blog post online at The Federalist Society.

Posted at 8:34 PM by Howard Bashman



“A New Textualist Argument in the Title VII Cases, and the Risks of Corpus Linguistics”: Ryan Nees has this post at the “Expert Forum” blog of the American Constitution Society.

Posted at 8:30 PM by Howard Bashman



“Outsider Tapped in Flynn Case Regarded as ‘Straight Arrow’; John Gleeson, a retired federal judge and former mob prosecutor, will oppose the Justice Department’s move to drop a charge against President Trump’s former national security adviser”: Alan Feuer of The New York Times has this report.

Posted at 8:25 PM by Howard Bashman



“Nothing to Draw When Nothing to See Leaves SCOTUS Artists Idle”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 3:18 PM by Howard Bashman



“Judges Are Umpires, Not Ringmasters; Sullivan invites outsiders to weigh in on the Flynn case — an unconstitutional judicial power grab”: Law professor Alan M. Dershowitz has this op-ed in today’s edition of The Wall Street Journal.

Posted at 1:54 PM by Howard Bashman



“The Supreme Court and the Lawyers’ Guilds; The Justices may take up a challenge to forced bar association fees”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 1:48 PM by Howard Bashman



“Court revives lawsuit targeting President Trump’s business dealings at D.C. hotel”: Ann E. Marimow and Jonathan O’Connell of The Washington Post have this report.

Sharon LaFraniere of The New York Times reports that “Appeals Court Allows Emoluments Suit Against Trump to Proceed; The Fourth Circuit Court of Appeals in Richmond rejected the president’s request to dismiss a case brought by the State of Maryland and the District of Columbia regarding his Washington hotel.”

Brent Kendall of The Wall Street Journal reports that “Appeals Court Revives Maryland, D.C. Emoluments Lawsuit Against Trump; Ruling clears the way for attorneys general to begin gathering evidence about the president’s businesses.”

Alex Swoyer of The Washington Times reports that “Federal appeals court shoots down Trump attempt to quash emoluments suit.”

Denise Lavoie of The Associated Press reports that “Court reinstates lawsuit over Trump’s hotel profits.”

Jan Wolfe and Jonathan Stempel of Reuters report that “U.S. appeals court rejects Trump bid to escape anti-corruption lawsuit.”

Erik Larson of Bloomberg News reports that “Trump Faces Emoluments Lawsuit After Court Tosses His Win.”

Pete Williams of NBC News reports that “Appeals court gives green light to Trump emoluments lawsuit; The lawsuit alleges that Trump’s ownership of a D.C. hotel violates the Constitution’s ban on receiving financial benefits from the states or foreign leaders.”

Katelyn Polantz of CNN reports that “Appeals court lets emoluments lawsuit against Trump proceed.”

Ronn Blitzer of Fox News reports that “Federal court revives emoluments lawsuit against Trump over DC hotel.”

Josh Gerstein of Politico reports that “Appeals court greenlights emoluments suit against Trump; The president will need relief from the Supreme Court to block inquiries into foreign patronage of his D.C. hotel.”

Harper Neidig of The Hill reports that “Appeals court rules against Trump on Emoluments Clause.”

And Brad Kutner of Courthouse News Service reports that “Emoluments Suit Against Trump Advanced by Full 4th Circuit.”

The en banc U.S. Court of Appeals for the Fourth Circuit today issued two en banc rulings in these cases, both of which were decided by identical 9-to-6 votes. You can access the ruling in In re: Trump at this link. And you can access the ruling in District of Columbia v. Trump at this link.

Because Chief Judge Roger L. Gregory was technically appointed to the Fourth Circuit by President George W. Bush, one cannot accurately say that all participating judges appointed by Democratic presidents were in the majority, while all participating judges appointed by Republican presidents were in dissent.

Posted at 9:54 AM by Howard Bashman



Wednesday, May 13, 2020

“Judge in Flynn Case Renowned for His Independent Streak; U.S. District Court Judge Emmet Sullivan will hear a challenge to the Justice Department’s surprise move to drop charges against President Trump’s former national security adviser Michael T. Flynn”: Michael Crowley of The New York Times has this report.

And in commentary, online at The New York Times, Emily Bazelon and law professor Eric Posner have an essay titled “There Used to Be Justice. Now We Have Bill Barr. The attorney general’s intervention in prosecutions of Mr. Trump’s allies is a new low.”

Posted at 11:37 PM by Howard Bashman



“The Wisconsin Supreme Court’s conservative majority strikes down state stay-home order; Lame-duck Justice Daniel Kelly, who just lost election in a landslide, cast the deciding vote”: Ian Millhiser has this essay online at Vox.

Posted at 9:08 PM by Howard Bashman



“Wisconsin Supreme Court strikes down Tony Evers’ stay-at-home order that closed businesses, schools to limit spread of coronavirus”: Molly Beck and Patrick Marley of The Milwaukee Journal Sentinel have this report.

Riley Vetterkind of The Wisconsin State Journal reports that “Wisconsin Supreme Court strikes down stay at home order.”

Colby Itkowitz of The Washington Post reports that “Wisconsin Supreme Court strikes down governor’s extension of stay-at-home order.”

Todd Richmond of The Associated Press reports that “Wisconsin Supreme Court blocks Evers’ stay-home extension.”

Omar Jimenez of CNN reports that “Wisconsin Supreme Court strikes down state’s stay-at-home order.”

Morgan Phillips of Fox News reports that “Wisconsin’s Supreme Court strikes down governor’s ‘safer at home’ order.”

Rebecca Klar of The Hill reports that “Wisconsin Supreme Court overrides governor’s stay-at-home order.”

And Shawn Johnson of Wisconsin Public Radio reports that “Wisconsin Supreme Court Strikes Down ‘Safer At Home’; Evers’ Administration Would Need Approval Of Legislature’s Rulemaking Committee To Issue New Stay-At-Home Orders.”

You can access today’s 4-to-3 ruling of the Supreme Court of Wisconsin at this link.

Posted at 7:44 PM by Howard Bashman



“Remanded Again, Intersex Passport More Complicated than XYZ; The 10th Circuit remanded to the State Department Dana Zzyym’s request to be granted an intersex passport, continuing a 4½-year battle”: Amanda Pampuro of Courthouse News Service has this report.

And in earlier coverage, in July 2016, Travis M. Andrews of The Washington Post had an article headlined “Dana Zzyym doesn’t identify as male or female, so can’t get a passport.”

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

Posted at 12:08 PM by Howard Bashman