How Appealing



Saturday, June 27, 2020

“The Supreme Court Didn’t Have to Rely on Xenophobic Logic; But it did”: Online at The Atlantic, law professor Leah Litman has an essay that begins, “A little more than a century ago, in what are known as the Chinese Exclusion Cases, the Supreme Court said that the political branches possess sweeping powers over noncitizens who are seeking to enter the United States.”

Posted at 11:50 PM by Howard Bashman



“‘Appellate Project’ Aims to Boost Diversity in Specialized Bar; The Appellate Project is developing ways to interest minority law students in appellate work at an early stage; The group is working through educational outreach and an ‘incubator’ summer fellowship program”: Tony Mauro of The National Law Journal recently had this report.

Posted at 9:10 PM by Howard Bashman



“Josh Hawley warns Trump on Supreme Court disappointments; The GOP senator says the president needs to overhaul his process for picking nominees, in a swipe at top legal conservatives”: Marianne LeVine of Politico has this report.

Posted at 9:05 PM by Howard Bashman



Friday, June 26, 2020

“What Texas Would Look Like Without Obamacare: The state leading the latest effort to overturn the health law used to have weaker coverage and more uninsured residents.” Sarah Kliff has this post at “TheUpshot” blog of The New York Times.

Posted at 9:34 PM by Howard Bashman



“Trump’s 200th judicial appointment: Less than meets the eye.” Russell Wheeler has this post at the “FixGov” blog of The Brookings Institution.

Posted at 6:18 PM by Howard Bashman



“The prosecution of Michael Flynn is not over yet; Under the court’s rules, any active judge of the full DC Circuit can call for review by the entire court; That’s exactly what the judges should do”: Law professor Andrew Manuel Crespo and Kristy Parker have this essay online at The Boston Globe.

Posted at 6:11 PM by Howard Bashman



Thursday, June 25, 2020

“The Other Police Immunity Problem; Departments escape accountability under a 1978 Supreme Court ruling”: Law professor Peter H. Schuck has this op-ed in today’s edition of The Wall Street Journal.

Posted at 8:40 PM by Howard Bashman



“Michael Flynn Gets His Writ; An appellate court orders Judge Sullivan to dismiss the charges”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 5:38 PM by Howard Bashman



“The Flynn decision doesn’t pass the smell test”: Columnist E.J. Dionne Jr. has this op-ed in today’s edition of The Washington Post.

Posted at 5:37 PM by Howard Bashman



“Radical justice: Will Clarence Thomas stick it out for a 30th year on the court? Some conservatives would like Donald Trump’s favourite justice to step aside.” Steven Mazie has this article in the June 27, 2020 issue of The Economist.

Posted at 1:32 PM by Howard Bashman



“The Abolition of Man and Woman: If each of us is defined by a ‘gender identity’ related only arbitrarily to sex, we are all transgender now.” In today’s edition of The Wall street Journal, David Crawford, Michael Hanby, and Margaret Harper McCarthy have an op-ed that begins, “A commonplace assumption of American liberalism, that courts merely preside over contests of rights, conceals the judiciary’s limitless power to decide questions of truth without thinking deeply or even honestly about them. Bostock v. Clayton County is a case in point.”

Posted at 10:40 AM by Howard Bashman



“Covid Crisis Could Bring First for Roberts Court: July Opinions.” Kimberly Strawbridge Robinson and Jordan S. Rubin of Bloomberg Law have this report (subscription required for full access).

Posted at 10:30 AM by Howard Bashman



“Unbundling DACA and Unpacking Regents: What Chief Justice Roberts Got Right.” Benjamin Eidelson has this guest post at the “Balkinization” blog.

Posted at 10:26 AM by Howard Bashman



“Errors of Will and of Judgment”: At the “Law & Liberty” blog, John O. McGinnis has a post that begins, “The law can be marred by both results-oriented decisions and honest, intellectual mistakes. Both kinds of distortions were on display at the Supreme Court last week.”

Posted at 10:20 AM by Howard Bashman



“The Deeply Concerning, Misguided D.C. Circuit Mandamus Ruling in the Flynn Case”: Marty Lederman has this post at the “Just Security” blog.

At “The Volokh Conspiracy,” Paul Cassell has a post titled “The D.C. Circuit’s Dubious Decision Ordering the Flynn Case Dismissed; A 2-1 ruling concludes that the district court cannot even hold a hearing on the subject.”

And also at “The Volokh Conspiracy,” Orin S. Kerr has a post titled “In re Michael Flynn as Bush v. Gore; A thought on [the] D.C. Circuit ruling.”

Posted at 10:18 AM by Howard Bashman



Access online today’s ruling of the U.S. Supreme Court in an argued case: Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Department of Homeland Security v. Thuraissigiam, 19-161. Justice Clarence Thomas issued a concurring opinion. Justice Stephen G. Breyer issued an opinion concurring in the judgment, in which Justice Ruth Bader Ginsburg joined. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Elena Kagan joined. You can access the oral argument via this link.

Posted at 10:01 AM by Howard Bashman



Wednesday, June 24, 2020

“Supreme Court 2020: Major rulings on abortion, Trump’s tax returns still to come”: David G. Savage of The Los Angeles Times has this report.

Posted at 9:10 PM by Howard Bashman



“With Wilson Confirmation, Trump and Senate Republicans Achieve a Milestone; The confirmation of the Mississippian, over Democratic opposition, fills the final appeals court vacancy and makes him the 200th judge installed by President Trump”: Carl Hulse of The New York Times has this report.

John Wagner of The Washington Post reports that “Senate confirms 200th judicial nominee from Trump, a legacy that will last well beyond November.”

Devan Cole and Ted Barrett of CNN report that “Senate confirms Trump’s 200th judicial nominee.”

Marianne LeVine of Politico reports that “Senate confirms 200th judge under Trump; All Democrats and one Republican opposed Cory Wilson’s nomination to serve on the U.S. Court of Appeals for the Fifth Circuit.”

And Jordain Carney of The Hill reports that “McConnell, Senate confirm Trump’s 200th judicial nominee.”

Today, the U.S. Senate confirmed Mississippi Court of Appeals Judge Cory T. Wilson to the U.S. Court of Appeals for the Fifth Circuit by a vote of 52-to-48.

Posted at 1:09 PM by Howard Bashman



“Federal Courts, Criminal Procedure Expert Richard Re To Join Faculty; Academic’s Work Had Supreme Court Talking in 2018”: Eric Williamson of the University of Virginia School of Law has this report.

Posted at 12:54 PM by Howard Bashman



“No Black Judges Among Trump’s Appeals Court Confirmations”: Madison Alder and Jasmine Ye Han of Bloomberg Law have this report.

Posted at 12:02 PM by Howard Bashman



“Appeals court orders judge to dismiss criminal case against Michael Flynn”: Ann E. Marimow of The Washington Post has this report.

And Charlie Savage of The New York Times reports that “Appeals Court Panel Orders End to Michael Flynn Case; Two appellate judges ordered a lower-court judge to immediately dismiss a charge against President Trump’s former national security adviser; A third judge accused them of overstepping their powers.”

Aruna Viswanatha and Dustin Volz of The Wall Street Journal report that “Appeals Court Panel Orders Judge to Dismiss Case Against Flynn; Justice Department requested the judge dismiss the case after President Trump’s first national security adviser had earlier pleaded guilty.”

Kristine Phillips of USA Today reports that “Federal appeals court orders dismissal of Michael Flynn case, likely ending prosecution of ex-Trump adviser.”

Jeff Mordock of The Washington Times reports that “Michael Flynn case dismissed by federal appeals court.”

Eric Tucker of The Associated Press reports that “Appeals court orders dismissal of Michael Flynn prosecution.”

Sarah N. Lynch of Reuters reports that “U.S. court orders dismissal of case against former Trump aide Flynn.”

Erik Larson of Bloomberg News reports that “Michael Flynn Wins Ruling Ordering Judge to Dismiss Case.”

Allan Smith and Pete Williams of NBC News report that “Appeals court orders judge to dismiss Michael Flynn case; The ruling was the latest episode in the long-winding Flynn saga.”

Katelyn Polantz of CNN reports that “Appeals court orders judge to dismiss Michael Flynn case.”

Brooke Singman of Fox News reports that “Appeals court orders Flynn case dismissal, after years-long legal saga.”

Josh Gerstein and Kyle Cheney of Politico report that “Federal appeals court orders Flynn judge to dismiss charges; The D.C. circuit’s ruling came after the Justice Department filed a motion to drop the case against the former Trump national security adviser.”

Harper Neidig of The Hill reports that “Appeals court orders judge to dismiss Flynn charges.”

And Zoe Tillman of BuzzFeed News reports that “The DC Circuit Is Forcing A Judge To Dismiss The Criminal Case Against Trump’s Ally Michael Flynn; The Justice Department asked a judge to dismiss Flynn’s case after a new review of evidence ordered by Attorney General Bill Barr.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. Circuit Judge Neomi Rao wrote the majority opinion.

Posted at 11:42 AM by Howard Bashman



“Journal of Appellate Practice and Process to transfer from University of Arkansas at Little Rock to University of Arizona; Scholarly Publication will go digital”: The William H. Bowen School of Law of the University of Arkansas at Little Rock issued this news release today.

Congratulations to all involved, and in particular to Nancy Bellhouse May (who has served as the publication’s editor since 2004) and to Tessa Dysart (who will serve as the publication’s editor-in-chief going forward).

Posted at 11:28 AM by Howard Bashman



Tuesday, June 23, 2020

“Maria Monaghan ’17 To Clerk for U.S. Supreme Court Justice Samuel Alito”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 2:20 PM by Howard Bashman