How Appealing



Saturday, June 20, 2020

“There won’t be a backlash against the court’s new ruling on gay rights; Opponents will look for other places to fight”: Sasha Issenberg will have this essay in the Outlook section of tomorrow’s edition of The Washington Post.

Posted at 9:52 PM by Howard Bashman



“The Tempting of Neil Gorsuch: Another conservative justice’s arc bends toward juristocracy.” Columnist Ross Douthat will have this op-ed in tomorrow’s edition of The New York Times.

Posted at 9:40 PM by Howard Bashman



“Bostock v. Clayton County and the Debate over the Meaning of ‘Ordinary Meaning’; Both sides in the landmark employment discrimination decision agree that laws should generally be interpreted based on the ‘ordinary meaning’ of their words; But they differ on what that entails”: Ilya Somin has this post at “The Volokh Conspiracy.”

Posted at 6:18 PM by Howard Bashman



“Trump Personally Fires U.S. Attorney Who Investigated His Associates; The president’s move deepened a crisis over the independence of law enforcement and the president’s purge of officials he views as disloyal”: Alan Feuer, Katie Benner, Ben Protess, William K. Rashbaum, and Nicole Hong of The New York Times have this report.

Ellen Nakashima, Matt Zapotosky, Seung Min Kim, and Rosalind S. Helderman of The Washington Post report that “Barr says at his request, Trump has removed Geoffrey Berman as U.S. attorney in Manhattan.” And Colby Itkowitz of The Washington Post has a profile headlined “Acting New York U.S. attorney, Audrey Strauss, once defeated Roy Cohn, investigated Iran-contra.”

Rebecca Davis O’Brien, Sadie Gurman, and Rebecca Ballhaus of The Wall Street Journal report that “Barr Says Trump Fired Manhattan U.S. Attorney; Geoffrey Berman went into his office at the Southern District of New York after rejecting claim he had resigned.” And Dave Michaels of The Wall Street Journal reports that “SEC’s Jay Clayton Thrust Into Political Minefield; Attorney General William Barr has chosen the Securities and Exchange Commission’s chairman to be next U.S. attorney in Manhattan.”

Posted at 6:03 PM by Howard Bashman



“Don’t be fooled. The US supreme court hasn’t suddenly become leftwing. A few decisions that help progressives do not mean the justices have become enlightened.” Nathan Robinson has this essay online at The Guardian (UK).

Posted at 2:42 PM by Howard Bashman



“Trump setbacks elevate Supreme Court as voting issue in the 2020 election; Some conservatives worry that this week’s immigration and LGBTQ rights rulings undermine the president’s pitch to evangelicals that he’ll install judges who advance their goals”: Sahil Kapur of NBC News has this report.

Posted at 2:40 PM by Howard Bashman



“When Is It Time to Claim Victory in the Gay Rights Struggle?” Andrew Sullivan has this post at the “Intelligencer” blog of New York magazine.

Posted at 2:37 PM by Howard Bashman



“Indiana looks to Supreme Court to overturn Lafayette same-sex couple’s victory on birth certificates”: Dave Bangert of The Lafayette (Ind.) Journal & Courier has this report.

You can access Indiana’s petition for writ of certiorari at this link.

Posted at 2:35 PM by Howard Bashman



“Supreme Court ruling redefining ‘sex’ affects more than a funeral home”: Online at The Detroit News, John Bursch has an essay that begins, “The U.S. Supreme Court ruling against my client, Harris Funeral Homes, should be a concerning sign for all of us. In redefining ‘sex’ in federal employment law to include ‘gender identity’ and ‘sexual orientation,’ the court signaled that Americans cannot rely on the plain meaning of the law.”

Posted at 2:32 PM by Howard Bashman



“Barr Tries to Fire U.S. Attorney in Trump-Related Cases, but He Won’t Go; The United States attorney in Manhattan, Geoffrey Berman, had been leading the inquiry into Rudolph Giuliani; The clash sets up a crisis in the Justice Department”: Benjamin Weiser, William K. Rashbaum, Nicole Hong, Maggie Haberman, and Katie Benner of The New York Times have this report, an earlier version of which appears on the front page of today’s edition of that newspaper.

In today’s edition of The Washington Post, Devlin Barrett has an article headlined “Trump administration in standoff with Manhattan U.S. attorney who investigated the president’s associates.”

And in today’s edition of The Wall Street Journal, Rebecca Davis O’Brien, Dave Michaels, and Sadie Gurman have a front page article headlined “Manhattan Prosecutor Refuses to Leave Post, Setting Up Showdown With Attorney General; ‘I have not resigned, and have no intention of resigning,’ Berman says; Trump plans to nominate SEC Chairman Jay Clayton to succeed Berman.”

Posted at 11:14 AM by Howard Bashman



“Why Trump Keeps Losing at the Supreme Court: The legal reasoning may look like it turns on obscure technicalities, but the administration’s cases are falling apart because of something much more deeply wrong.” Law professors Neal K. Katyal and Joshua A. Geltzer have this essay online at The Atlantic.

Posted at 11:02 AM by Howard Bashman



“Trump has no patience for legal intricacies. The Supreme Court is all about them.” Robert Barnes and Seung Min Kim have this front page article in today’s edition of The Washington Post.

Posted at 11:00 AM by Howard Bashman



Friday, June 19, 2020

“What Supreme Court? Trump’s HHS pushes LGBT health rollback.” Ricardo Alonso-Zaldivar of The Associated Press has this report.

Posted at 10:44 PM by Howard Bashman



“The Supreme Court should remind New Jersey why the U.S. discarded the Articles of Confederation”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 10:40 PM by Howard Bashman



“State Supreme Court denies last-ditch appeal seeking Trump rally follows safety protocols to prevent COVID-19 outbreak”: Curtis Killman of The Tulsa World has this report.

Tim Willert of The Oklahoman reports that “Oklahoma Supreme Court OKs Trump campaign rally.”

Dave Boyer of The Washington Times reports that “Oklahoma Supreme Court rejects bid to stop Trump’s comeback rally.”

Pete Williams and Dareh Gregorian of NBC News report that “Oklahoma Supreme Court denies legal challenge to Trump rally; The plaintiffs had argued that having that many people inside the arena could cause coronavirus infections to surge in Tulsa.”

Adam Shaw of Fox News reports that “Oklahoma Supreme Court allows Trump rally to proceed as planned, as president says Tulsa curfew being lifted.”

And David Lee of Courthouse News Service reports that “Oklahoma High Court Refuses to Block Trump Rally in Tulsa.”

Today’s ruling of the Supreme Court of Oklahoma consists of an order and a concurring opinion.

Posted at 9:46 PM by Howard Bashman



“Aligning with liberals on DACA and LGBTQ rights, Chief Justice John Roberts asserts his independence”: Richard Wolf of USA Today has this report.

Posted at 8:55 PM by Howard Bashman



“Trump Can’t Immediately End DACA, Supreme Court Rules; The program, Deferred Action for Childhood Arrivals, protects people brought to the United States as children by shielding them from deportation and letting them work”: Adam Liptak and Michael D. Shear have this front page article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has a front page article headlined “Supreme Court blocks Trump’s bid to end DACA, a win for undocumented ‘dreamers.’

In today’s edition of The Los Angeles Times, David G. Savage has a front page article headlined “Supreme Court rules for ‘Dreamers,’ rejects Trump’s repeal of immigration program.”

In today’s edition of The Wall Street Journal, Brent Kendall, Jess Bravin, and Michelle Hackman have a front page article headlined “Trump’s Bid to End DACA Blocked by Supreme Court; High court grants relief to undocumented immigrants brought to U.S. as children, ruling 5-4 that administration didn’t provide sufficient reasons for canceling program.”

In today’s edition of USA Today, Richard Wolf has a front page article headlined “Supreme Court ruling upholds DACA program for young, undocumented immigrants.”

And in today’s edition of The Washington Times, Stephen Dinan has a front page article headlined “Supreme Court leaves DACA in place; justices say Trump cut corners to end program.”

Posted at 8:50 PM by Howard Bashman



“Law barring disclosure of actors’ ages violates 1st Amendment, appeals court rules”: Maura Dolan of The Los Angeles Times has this report.

Dave McNary of Variety reports that “Appeals Court Upholds Ban on California’s Actor-Age Censorship Law.”

Erik Pedersen of Deadline reports that “Appeals Court Upholds Ruling Against California’s IMDb Age Law; Bill’s Sponsor SAG-AFTRA Calls Decision ‘Simply Ill-Informed.’

Wendy Davis of Digital News Daily reports that “Appeals Court Strikes Down California Age Censorship Law.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Ashley Cullins has a post titled “IMDb’s Age Censorship Win Affirmed by Appeals Court.”

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

Posted at 8:33 PM by Howard Bashman



“Roberts to Trump: Don’t Take the Supreme Court for Granted; A week of decisions contained hidden and not-so-hidden messages from the court.” Linda Greenhouse has this essay online at The New York Times.

Posted at 5:03 PM by Howard Bashman



“Trump’s taking another run at DACA. And a Texas case is a real threat to the program. ‘We will be submitting enhanced papers shortly,’ the president said after the top court blocked him.” Pete Williams of NBC News has this report.

Posted at 5:02 PM by Howard Bashman



“Injunction in state ballot case upheld; Attorney: Appellate ruling means access for Libertarians.” Linda Satter of The Arkansas Democrat-Gazette has this report.

Max Brantley of Arkansas Times reports that “Libertarians win at 8th Circuit on ballot access lawsuit in Arkansas.”

And Joe Harris of Courthouse News Service reports that “Eighth Circuit Sides With Arkansas Libertarians in Ballot Access Suit.”

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

Posted at 10:52 AM by Howard Bashman



“Appeals court chides Euclid police’s ‘offensive’ training curriculum that included Chris Rock video, cartoon image of cop beating”: Eric Heisig of The Cleveland Plain Dealer has this report.

And Brian Flood of Bloomberg Law reports that “‘Highly Inappropriate’ Training Info Cited in Police Tasing Case” (subscription required for full access).

Circuit Judge John K. Bush — who was himself accused of inappropriate writings during his judicial confirmation process — issued yesterday’s ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.

Posted at 10:40 AM by Howard Bashman



“Senate District 22 gerrymandering case will be heard by entire 5th Circuit Court”: Sarah Ulmer of Y’all Politics had this report back in September 2019.

Yesterday, the en banc U.S. Court of Appeals for the Fifth Circuit issued this two-paragraph per curiam decision dismissing the case as moot. But, because in these uncertain times we can all use as much reading material as possible, the dismissal is accompanied by three concurring opinions that total an additional 50 pages.

Posted at 10:14 AM by Howard Bashman



Thursday, June 18, 2020

“Oklahoma Supreme Court to rule on Trump rally lawsuit”: Tim Willert of The Oklahoman has a report that begins, “The Oklahoma Supreme Court is expected to rule Friday whether those who attend a campaign rally for President Trump on Saturday in Tulsa must adhere to CDC guidelines for face masks and social distancing.”

And Joshua Partlow, Colby Itkowitz, and Annie Gowen of The Washington Post report that “Tulsa arena asks Trump campaign for detailed health plan as Oklahoma Supreme Court hears arguments about rally.”

Posted at 11:03 PM by Howard Bashman



“Setback on Immigration Policy Goal Leaves Trump Fuming Over Makeup of Courts; The Supreme Court has given President Trump a new opening to rally his right-wing base by arguing that he needs another four years to stack the courts with conservative jurists”: Michael D. Shear will have this article in Friday’s edition of The New York Times.

Posted at 10:44 PM by Howard Bashman



“Bostock v Clayton County: a debate among ‘Scaliaphiles’?” Sean A. Smith has this post at his blog, “Ikuta Matata.”

Posted at 9:54 PM by Howard Bashman