How Appealing



Monday, June 8, 2020

Unanimous Fourth Circuit panel orders the dismissal of actions challenging the Trump administration’s travel ban: You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. The panel that decided this appeal is more conservative than the Fourth Circuit overall, so en banc review is a possibility here.

Posted at 9:27 AM by Howard Bashman



“Feds press criminal case against Flynn partner; The move occurs even amid ongoing efforts to drop charges against Michael Flynn”: Josh Gerstein of Politico has this report on a reply brief that federal prosecutors filed yesterday(!) in the U.S. Court of Appeals for the Fourth Circuit.

And in last Wednesday’s edition of The New York Times, Adam Goldman had an article headlined “Move to Drop Flynn Charge Reverberates in Ex-Business Partner’s Case; Lawyers for Bijan Kian argue that prosecutors should drop their appeal of his acquittal because it was intertwined with the case of the former national security adviser.”

Posted at 8:52 AM by Howard Bashman



Video Killed the Radio Star? Last Wednesday, I had the pleasure of being the first oral advocate to argue by remote video before an en banc session of the Pa. Superior Court. That Court streams its video oral arguments live on YouTube, but the court does not archive the videos for later viewing on demand.

Today at 12:15 p.m. eastern time, I have a Pa. Superior Court telephonic oral argument before a three-judge panel of that court. Fittingly perhaps — but unlike with that court’s video oral arguments — the only way for the public to listen in to a telephonic oral argument is by telephone.

If, in the words of Chance the Gardener, you like to watch, you can view the music video of The Buggles song mentioned in the title of this post (with my addition of a question mark) on YouTube via this link.

Posted at 7:36 AM by Howard Bashman



“Florida Supreme Court’s conservatives are reversing longstanding criminal protections. It’s ‘alarming,’ defense lawyers say.” Monivette Cordeiro of The Orlando Sentinel has this report.

Posted at 7:28 AM by Howard Bashman



Sunday, June 7, 2020

“Rep. Justin Amash Wants To End Qualified Immunity. Where Are the Republicans? The GOP claims to be the party of freedom. If that’s true, they should rethink policies that embolden bad police behavior.” Billy Binion has this post online at Reason.

Posted at 10:52 PM by Howard Bashman



“Michigan Supreme Court vacates order telling Owosso barber to close”: Craig Mauger of The Detroit News has this report.

Roberto Acosta of The Flint Journal reports that “Michigan Supreme Court sides with Owosso barber, sends case back to lower court.”

James Varney of The Washington Times reports that “Michigan barber wins reopen case at state Supreme Court.’

And Stephen Sorace of Fox News reports that “Michigan Supreme Court sides with barber who reopened in defiance of Whitmer’s coronavirus lockdown.”

Posted at 8:56 PM by Howard Bashman



“Trump looks to Dreamers for an immigration deal; The Supreme Court is expected to allow Trump to end a program protecting Dreamers, but no one expects he will do so right away”: Anita Kumar of Politico has this report.

Posted at 8:46 PM by Howard Bashman



“‘Clinics will be forced to close’: Abortion rights backers fearful of upcoming Supreme Court ruling; A Louisiana law in question requires clinic doctors to have admitting privileges at a hospital within 30 miles.” Chloe Atkins of NBC News has this report.

Posted at 8:33 PM by Howard Bashman



“Murphy’s historic nomination of a black woman to N.J. Supreme Court could resonate for decades”: Sophie Nieto-Munoz of NJ Advance Media has an article that begins, “As the country grapples with coast-to-coast protests against police brutality and systemic racism, a black woman is blazing the trail to the New Jersey Supreme Court for the first time in the state’s 244-year history.”

Posted at 4:15 PM by Howard Bashman



Saturday, June 6, 2020

“Supreme Court says July bar exam will be given as scheduled, denies recent grads’ petition as moot”: Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.

Posted at 9:44 PM by Howard Bashman



“‘Dumbest’ judge’s bid highlights WVa Supreme Court races”: John Raby of The Associated Press has a report that begins, “Richard Neely once joked in an advertisement that he was ‘America’s laziest and dumbest judge.’ A quarter century later, the former West Virginia Supreme Court justice wants his old job back.”

Posted at 9:40 PM by Howard Bashman



“Supreme Court Faces Transparency Test After Livestream Success”: Jordan S. Rubin and Kimberly Strawbridge Robinson of Bloomberg Law have a report that begins, “Reflecting on their historic livestream experiment, U.S. Supreme Court justices might worry that it went too well.”

Posted at 2:11 PM by Howard Bashman



Friday, June 5, 2020

“People Who Type Two Spaces After a Period Just Can’t Win; Two-spacers say the extra room after a sentence is easier on the eyes, but the one-spacers keep gaining ground”: In yesterday’s edition of The Wall Street Journal, James Hookway had a front page article that begins, “Ever since computers displaced typewriters, a rift has grown between people who put two spaces after a period and people who put one.”

Posted at 8:53 PM by Howard Bashman



“Equity and Juries in Patent Law; A cert petition to watch at the Supreme Court”: Samuel Bray has this post at “The Volokh Conspiracy.”

Posted at 7:25 PM by Howard Bashman



“Supreme Court asked to reconsider immunity available to police accused of brutality”: Robert Barnes of The Washington Post has this article in today’s edition of The Washington Post.

Pete Williams of NBC News reports that “Supreme Court may consider making it easier to sue police for misconduct; The justices are weighing the issue known as ‘qualified immunity,’ which protects law enforcement.”

Devin Dwyer of ABC News reports that “‘Qualified immunity’ for police getting fresh look by Supreme Court after George Floyd death; The justices are reviewing cases on police misconduct and ‘qualified immunity.’

Melissa Quinn of CBS News reports that “Supreme Court announcement on reexamining qualified immunity for police could come soon.”

Jamie Ehrlich of CNN reports that “The question before the Supreme Court is who polices the police.”

Jordan S. Rubin. Kimberly Strawbridge Robinson, and Porter Wells of Bloomberg Law have an article headlined “How the Law Shields Cops From Suit: Qualified Immunity Explained.”

Madison Pauly of Mother Jones has an article headlined “‘Qualified Immunity’ Gives Abusive Cops a Free Pass. Will the Supreme Court End It? Pressure to lift the shield for police who violate civil rights is growing.”

And online at Reason, Jacob Sullum has a blog post titled “5 Ways to Curtail Police Violence and Prevent More Deaths Like George Floyd’s; From tighter use-of-force rules to eliminating qualified immunity, here are some reforms that could make a real difference.”

Posted at 5:24 PM by Howard Bashman



“The Supreme Court, Too, Is on the Brink; The polarization roiling the country has the Supreme Court in its grip”: Linda Greenhouse has this essay online at The New York Times.

Posted at 4:50 PM by Howard Bashman



“CNN’s Brian Karem lands legal victory, court orders White House to restore credential”: Brian Flood of Fox News has this report.

Josh Gerstein of Politico reports that “Appeals court upholds order to restore reporter’s White House press pass; Journalist Brian Karem traded insults with Trump ally Sebastian Gorka after a Rose Garden event.”

Harper Neidig of The Hill reports that “Appeals court blocks White House from suspending reporter.”

Megan Mineiro of Courthouse News Service reports that “White House Must Return Playboy Reporter’s Pass, Court Affirms.”

Ted Johnson of Deadline reports that “White House Wrongly Suspended Playboy Correspondent Brian Karem’s Press Pass, Appeals Court Rules.”

And at the β€œTHR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court: White House’s Suspension of Press Pass Violates Due Process; Brian Karem won’t be suspended after appellate judges affirm the conclusion he wasn’t provided fair notice about the White House’s rules of decorum.”

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

Posted at 2:44 PM by Howard Bashman



“He spent 23 years on death row for a Philly murder he said he didn’t commit. On Friday, a judge overturned his conviction.” Chris Palmer of The Philadelphia Inquirer has this report.

Posted at 12:03 PM by Howard Bashman



“The New Jersey Supreme Court is poised to have its first black female justice”: Andrew Seidman of The Philadelphia Inquirer has this report.

Posted at 11:57 AM by Howard Bashman



“Harvard Law School expects robust, high-quality online program for the fall 2020; The continuing public health crisis, limited availability of testing, and the need to give students time to plan informed HLS’ decision to continue remote teaching and learning next semester”: Harvard Law Today on Wednesday had this report on an announcement that the law school issued earlier that day.

In news coverage, Deirdre Fernandes of The Boston Globe reports that “Six Harvard graduate schools will hold only online classes this fall.”

Posted at 11:54 AM by Howard Bashman



“PROMESA and Original Understandings of the Territories’ Constitutional Status”: Gregory Ablavsky has this guest post at the “Balkinization” blog.

Posted at 11:46 AM by Howard Bashman



“Yada Yada Law School — Class 1 — Property Law, Prof. Sara Bronin”: You can view the video of the first hour-long lecture of this Seinfeld-inspired “law school” on YouTube via this link, as I and a family member who is now studying for the bar did together Wednesday night using my cell phone during our recent dericho-related power outage.

Posted at 10:15 AM by Howard Bashman



William H. Pryor, Jr. — long after he avoided becoming a member of the “Wallace McCamant club” — is now the Chief Judge of the U.S. Court of Appeals for the Eleventh Circuit: Congratulations to “How Appealing” reader William H. Pryor, Jr. — who will never allow me to forget that I once asked whether he might become a member of the exclusive Wallace McCamant club — for instead becoming the Eleventh Circuit’s Chief Judge earlier this week.

Raychel Lean of the Daily Business Review reports that “11th Circuit Names New Chief Judge as Ed Carnes Takes Senior Status.”

In becoming Chief Judge, Pryor replaces “How Appealing” reader Ed Carnes, who has pledged to take senior status soon, and whose successor on that court the U.S. Senate confirmed back in February. As I noted in the March 2016 edition of the “Appellate Issues” publication, Carnes is among the baker’s dozen of my favorite federal appellate judge writers.

Posted at 9:51 AM by Howard Bashman



“Washington Supreme Court issues open letter calling on judicial, legal community to work together on racial justice”: Washington Courts issued this news release yesterday about a letter that the Supreme Court of Washington State issued yesterday addressed to judges and the legal community.

In news coverage, Alexis Krell of The News Tribune of Tacoma, Washington reports that “Washington state high court urged to ‘reflect on this moment,’ address racial justice.”

Posted at 9:28 AM by Howard Bashman