How Appealing



Tuesday, June 30, 2020

“Obamacare Backers See Hope in Roberts Opinion in Non-Health Case”: Lydia Wheeler of Bloomberg Law has a report that begins, “Chief Justice John Roberts may have assured advocates fighting to save Obamacare that he plans to save the law a second time.”

Posted at 10:08 PM by Howard Bashman



“Lawyers accused of tossing Molotov cocktail at NYPD vehicle eligible for bail”: Aaron Feis of The New York Post has this report.

Noah Goldberg of The New York Daily News reports that “Molotov cocktail lawyers to be released on bail after 25 days in jail.”

And Nate Raymond of Reuters reports that “N.Y. lawyers charged with hurling Molotov cocktail win bail appeal.”

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

Posted at 9:44 PM by Howard Bashman



“The Fall of Jeff Sessions, and What Came After; The former attorney general is fighting for his political life in Alabama’s Senate race, in the shadow of a president who still despises him”: Elaina Plott has this article online at The New York Times Magazine.

Posted at 8:37 PM by Howard Bashman



“John Roberts Is No Pro-Choice Hero; The latest Supreme Court decision sets the stage for further attacks on abortion rights”: This editorial appears in today’s edition of The New York Times.

Today’s edition of The Washington Post contains an editorial titled “The outcome of the Louisiana abortion case was a victory for the rule of law.”

And today’s edition of The Los Angeles Times contains an editorial titled “The Supreme Court was right to throw out Louisiana’s oppressive abortion law.”

Posted at 8:30 PM by Howard Bashman



“Abortion Rises as a Pivotal Issue for At-Risk Senate Republicans; The Supreme Court’s rejection of a restrictive Louisiana abortion law, and Justice Brett M. Kavanaugh’s dissent, may create new challenges for Susan Collins and other Republican senators up for re-election”: Maggie Astor and Matt Stevens have this article in today’s edition of The New York Times.

Posted at 8:20 PM by Howard Bashman



“Supreme Court Lifts Limits on Trump’s Power to Fire Consumer Watchdog; The case concerning the Consumer Financial Protection Bureau was part of a politically charged battle over presidential authority”: Adam Liptak and Alan Rappeport have this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Ann E. Marimow and Renae Merle of The Washington Post have an article headlined “Supreme Court makes it easier for president to fire consumer watchdog head.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court gives president power to fire consumer agency director at will.”

In today’s edition of The Wall Street Journal, Brent Kendall and Andrew Ackerman have a front page article headlined “Supreme Court Orders Restructuring of Consumer-Finance Watchdog; High court rules Consumer Financial Protection Bureau’s single-director setup is too independent from president.”

Richard Wolf of USA Today reports that “Supreme Court strikes down consumer agency’s autonomy in win for Trump administration.”

And in today’s edition of The Washington Times, Stephen Dinan has an article headlined “Supreme Court rules Obama/Warren Wall Street cop is illegal.”

And in commentary, today’s edition of The Wall Street Journal contains an editorial titled “The Court’s Missed Opportunity on Consumer Financial Protection; The President can fire the CFPB director but the agency survives.”

Posted at 8:02 PM by Howard Bashman



“One Man’s Supreme Court: The Chief Justice relies on an abortion precedent he dissented from.” This editorial appears in today’s edition of The Wall Street Journal.

Posted at 6:00 PM by Howard Bashman



Third Branch requests five more Ninth Circuit judgeships: Proving that you can never have too many Ninth Circuit judges, today the federal judiciary asked Congress to create five more permanent judgeships on the U.S. Court of Appeals for the Ninth Circuit. If Congress approves, the Ninth would have a total of 34 authorized judges. You can access today’s news release of the Administrative Office of the U.S. Courts at this link.

Posted at 3:20 PM by Howard Bashman



“Supreme Court Strikes Down Louisiana Abortion Law, With Roberts the Deciding Vote; The case, over a state law requiring doctors performing abortions to have admitting privileges at nearby hospitals, is the first abortion ruling since two Trump appointees joined the court”: Adam Liptak has this front page article in today’s edition of The New York Times. And Sabrina Tavernise and Elizabeth Dias have a front page news analysis headlined “The Supreme Court Stopped Anti-Abortion Momentum. For Now. The movement has a long pipeline of new cases that, if taken up by the Supreme Court, could present a more direct challenge to Roe v. Wade.”

In today’s edition of The Washington Post, Robert Barnes has a front page article headlined “Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics.”

In today’s edition of The Los Angeles Times, David G. Savage has a front page article headlined “Supreme Court liberals, with Roberts, strike down Louisiana abortion law.”

In today’s edition of The Wall Street Journal, Jess Bravin has a front page article headlined “Louisiana Abortion Law Struck Down By Supreme Court; By a 5-4 vote, the court rules there is little medical benefit in requiring doctors to obtain admitting privileges at a hospital before performing abortions.”

In today’s edition of USA Today, Richard Wolf has a front page article headlined “Supreme Court strikes down abortion clinic restrictions in Louisiana, a defeat for conservatives.”

In today’s edition of The Washington Times, Alex Swoyer has a front page article headlined “Supreme Court signals hesitancy to further restrict abortion with strike down of Louisiana law.”

Bryn Stole of The Times-Picayune of New Orleans reports that “U.S. Supreme Court narrowly overturns Louisiana abortion law imposing ‘a burden on access.’

And Ken Stickney of The Acadiana Advocate of Lafayette, Louisiana has an article headlined “Experts: Court decision on abortion won’t have impact in southwestern Louisiana.”

Posted at 1:24 PM by Howard Bashman



“Companies Hit by Covid-19 Want Insurance Payouts. Insurers Say No. A battle looms over ‘business interruption’ coverage, which insurers say doesn’t apply unless there is physical damage, like from a fire.” Leslie Scism of The Wall Street Journal has this report.

Posted at 11:48 AM by Howard Bashman



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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Patent and Trademark Office v. Booking.com B.V., No. 19-46. Justice Sonia Sotomayor issued a concurring opinion. And Justice Stephen G. Breyer issued a dissenting opinion. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Espinoza v. Montana Dept. of Revenue, No. 18-1195. Justice Clarence Thomas issued a concurring opinion, in which Justice Neil M. Gorsuch joined. Justices Alito and Gorsuch also issued concurring opinions. Justice Ginsburg issued a dissenting opinion, in which Justice Kagan joined. Justice Breyer issued a dissenting opinion, in which Justice Kagan joined in part. And Justice Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman



“Sen. Susan Collins Gives Brett Kavanaugh A Pass For Opposing Abortion Rights Ruling; The Maine Republican said the Supreme Court justice she voted to confirm ‘gave no indication in his dissenting opinion that he supports overturning’ Roe v. Wade”: Igor Bobic of HuffPost has this report.

Posted at 9:58 AM by Howard Bashman



“John Roberts Was Already Chief Justice. But Now It’s His Court. Chief Justice Roberts has replaced Justice Anthony M. Kennedy as the member of the Supreme Court at its ideological center, and his vote is now the crucial one in closely divided cases.” Adam Liptak of The New York Times has this report.

Posted at 9:08 AM by Howard Bashman



Monday, June 29, 2020

“With abortion ruling, Roberts reasserts his role and Supreme Court’s independence”: Robert Barnes of The Washington Post has this report.

Posted at 10:04 PM by Howard Bashman



“Appeals court limits Wisconsin early voting to 2 weeks before election, stops voters from receiving ballots via email, fax”: Patrick Marley of The Milwaukee Journal Sentinel has a report that begins, “In a sweeping decision that took more than three years to come out, a panel of federal judges on Monday reinstated limits on early voting and a requirement that voters be state residents for at least a month before an election.”

And at his “Election Law Blog,” Rick Hasen has a post titled “7th Circuit, after 3 Year Delay, Decides Challenge to Wisconsin Voter ID and Related Voting Provisions, in Short Unanimous Opinion, Upholding and Striking Down Some Parts of Law; This is Mostly a Loss for Voting Rights Plaintiffs.”

Circuit Judge Frank H. Easterbrook wrote today’s decision of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.

Posted at 9:12 PM by Howard Bashman



“Abortion decision puts chief justice who wants to avoid politics at the center of a political debate”: Jess Bidgood and Jazmine Ulloa of The Boston Globe have this report.

Posted at 9:03 PM by Howard Bashman



“Why the Mueller Investigation Failed: President Trump’s obstructions of justice were broader than those of Richard Nixon or Bill Clinton, and the special counsel’s investigation proved it; How come the report didn’t say so?” Jeffrey Toobin has this article in the July 6, 2020 issue of The New Yorker.

Posted at 5:27 PM by Howard Bashman



“Samuel Alito dissents. A frustrating few months for the conservative justice.” Ariane de Vogue of CNN has this report, published early today, before this morning’s decisions issued.

Posted at 12:22 PM 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 Brett M. Kavanaugh delivered the opinion of the Court in Agency for Int’l Development v. Alliance for Open Society, No. 19-177. Justice Clarence Thomas issued a concurring opinion. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. Justice Elena Kagan did not participate in considering or deciding the case. You can access the oral argument via this link.

2. Justice Breyer announced the judgment of the Court and delivered an opinion in which Justices Ginsburg, Sotomayor, and Kagan joined in June Medical Services L.L.C. v. Russo, No. 18-1323. Chief Justice John G. Roberts, Jr. issued an opinion concurring in the judgment. Justice Thomas issued a dissenting opinion. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Neil M. Gorsuch joined in full and Justices Thomas and Kavanaugh joined in part. And Justices Gorsuch and Kavanaugh issued dissenting opinions. You can access the oral argument via this link.

3. And Chief Justice Roberts delivered the opinion of the Court in large measure in Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7. Justice Thomas issued an opinion concurring in part and dissenting in part, in which Justice Gorsuch joined. And Justice Kagan issued an opinion concurring in the judgment in part and dissenting in part, in which Justices Ginsburg, Breyer, and Sotomayor joined. You can access the oral argument via this link.

Posted at 10:01 AM by Howard Bashman



“‘Resolution of Judicial Misconduct Complaints About District Judge Lynn Adelman’; Judge Adelman’s article sharply criticizing the Supreme Court, the Seventh Circuit concluded, was largely permissible under the Canons of Judicial Conduct, except ‘the opening two sentences of the article and the criticisms of recent policy positions taken by one political party'”: Eugene Volokh has this post at “The Volokh Conspiracy” about a decision that the Judicial Council of the Seventh Judicial Circuit issued last Monday.

Posted at 9:42 AM by Howard Bashman



“Republicans Play Hardball on Judges. Can Democrats Give It a Shot Too? President Trump’s promises to evangelicals on judges were a key part of shoring up support in 2016. Some Biden backers want to see him run on the courts this time, too.” Matt Flegenheimer has this article in today’s edition of The New York Times.

Posted at 9:38 AM by Howard Bashman



“Sonia Sotomayor is the lone voice on systemic racism on the most conservative Supreme Court in decades”: Jazmine Ulloa has this front page article in today’s edition of The Boston Globe.

Posted at 9:34 AM by Howard Bashman



Sunday, June 28, 2020

“How Michael Flynn’s Defense Team Found Powerful Allies; A lawyer for the former national security adviser turned to the attorney general for help, and he delivered, months before a pair of appellate judges handed Mr. Flynn another legal victory”: Mark Mazzetti, Charlie Savage, and Adam Goldman of The New York Times have this report.

Posted at 9:40 PM by Howard Bashman



“Chief federal judge in L.A. steps down over racially insensitive comments about Black court official”: Matt Hamilton of The Los Angeles Times has this report.

According to the article, U.S. District Judge Cormac J. Carney (C.D. Cal.) will no longer be serving as that court’s chief judge, a position he began serving in at the start of this month.

Posted at 9:33 PM by Howard Bashman



“Marty Baron Made The Post Great Again. Now, the News Is Changing. The ultimate old-school editor is grappling with a moment of cultural reckoning.” In Monday’s edition of The New York Times, Ben Smith will have an article that begins, “Almost anyone who works in the Washington Post newsroom can look inside its publishing system, Methode, to see what stories are coming. And at the height of the furor over Brett Kavanaugh’s nomination to the Supreme Court in 2018, some who did saw a shocking article awaiting publication.”

Posted at 8:40 PM by Howard Bashman



“Blind Michigan Supreme Court Justice turned away by clerk’s office while trying to get absentee ballot; ‘They didn’t have any idea what the protocol was,’ Justice Richard Bernstein said”: Mara MacDonald of NBC affiliate WDIV-TV in Detroit has this report.

Posted at 2:58 PM by Howard Bashman



Saturday, June 27, 2020