How Appealing



Friday, July 31, 2020

“Supreme Court’s ‘summer break’ has become a series of consequential actions”: Robert Barnes of The Washington Post has this report.

Posted at 10:10 PM by Howard Bashman



“Countering G.O.P. on Courts, Democrats Will Call for ‘Structural’ Change; Progressives pushed for the platform language after President Trump’s drive put 200 conservative judges on the federal bench and Senate Republicans blocked President Obama’s nominees”: Carl Hulse of The New York Times has this report.

Posted at 10:08 PM by Howard Bashman



“Families express shock and anger after court vacates Tsarnaev’s death sentence”: David Abel and Jeremy C. Fox of The Boston Globe have this report.

Posted at 9:14 PM by Howard Bashman



“Federal appeals court tosses Tsarnaev death sentence, orders new penalty-phase trial”: Travis Andersen, David Abel, and Tonya Alanez of The Boston Globe have this report.

Sean Philip Cotter and Joe Dwinell of The Boston Herald report that “Appellate court vacates Boston Marathon bomber’s death penalty.”

Ellen Barry of The New York Times reports that “Boston Marathon Bomber’s Death Sentence Is Thrown Out by Court; Dzhokhar Tsarnaev, who was found guilty on 30 counts after bombings that killed three people and wounded more than 260, will receive a new penalty-phase trial.”

Maria Sacchetti and Mark Berman of The Washington Post report that “Death penalty overturned for Boston Marathon bomber.”

Jon Kamp and Sara Randazzo of The Wall Street Journal report that “Court Overturns Boston Marathon Bomber’s Death Sentence.”

Dave Boyer of The Washington Times reports that “Federal court overturns death sentence for Boston Marathon bomber.”

Alanna Durkin Richer of The Associated Press reports that “Court overturns Boston Marathon bomber’s death sentence.”

And Nate Raymond of Reuters reports that “Boston Marathon bomber Dzhokhar Tsarnaev’s death sentence tossed out by appeals court.”

You can access today’s 224-page ruling of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 5:05 PM by Howard Bashman



“Legal Theorist Lawrence Solum To Join Law Faculty; Professor Has Influenced Scholars Over Four Decades”: Eric Williamson of the University of Virginia School of Law has this report.

Posted at 11:44 AM by Howard Bashman



Thursday, July 30, 2020

“Jury trials will resume in some courtrooms across the Philly region after months of coronavirus restrictions”: Vinny Vella of The Philadelphia Inquirer has this report.

Posted at 7:42 PM by Howard Bashman



“Leaks from the Supreme Court, Part IV: The Tax Return Cases from Roberts’s Perspective; Part IV is mostly a rehash of Part III, though we learn that RBG is only telling some of members about her health.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 6:32 PM by Howard Bashman



“Bostock and Conceptual Causation”: Guha Krishnamurthi and Peter Salib recently had this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 3:04 PM by Howard Bashman



“Michael Flynn case to be reheard by full federal appeals court in D.C.” Ann E. Marimow of The Washington Post has this report.

Charlie Savage of The New York Times reports that “Appeals Court Erases Order to End Michael Flynn Case, Sets New Arguments; The decision means that the legal saga over the criminal charge against President Trump’s former national security adviser will continue.”

Byron Tau of The Wall Street Journal reports that “U.S. Appeals Court Will Reconsider Dismissal of Case Against Former Trump Security Adviser Flynn; Decision is latest twist in case dating back to earliest days of Trump administration.”

Kristine Phillips of USA Today reports that “Appeals court will rehear Michael Flynn case, a rare move after 3-year legal, political saga.”

Jeff Mordock of The Washington Times reports that “Full appeals court agrees to rehear Michael Flynn’s case.”

Eric Tucker reports that “Full appeals court to review dismissal of Flynn case.”

Jan Wolfe and Sarah N. Lynch of Reuters report that “Case of ex-Trump aide Flynn to be reheard by full U.S. appeals court.”

Erik Larson and David Yaffe-Bellany of Bloomberg News report that “Michael Flynn Dismissal Will Be Heard by Full Appeals Court.”

Josh Gerstein and Kyle Cheney of Politico report that “Appeals court will rehear case about Michael Flynn prosecution; D.C. Circuit agrees to judge’s request for en banc hearing of dispute about DOJ’s move to abandon false-statement case.”

And Harper Neidig of The Hill reports that “Appeals court will rehear case over Flynn charges.”

Posted at 2:16 PM by Howard Bashman



“The Supreme Court’s Religious Crusaders Take On the Pandemic Response; The fight over limits on church attendance divides the justices”: Linda Greenhouse has this essay online at The New York Times.

Posted at 1:48 PM by Howard Bashman



D.C. Circuit orders rehearing en banc in Michael Flynn case; En banc oral argument scheduled for August 11, 2020: You can access today’s order of the U.S. Court of Appeals for the D.C. Circuit at this link.

The language of this order indicates that the petition for rehearing that U.S. District Judge Emmet G. Sullivan filed has been granted, as opposed to rehearing having been granted by the D.C. Circuit on its own accord, although ultimately that is unlikely to make any difference.

Posted at 12:18 PM by Howard Bashman



“Zoom Courts Will Stick Around as Virus Forces Seismic Change”: Allie Reed and Madison Alder of Bloomberg Law have this report.

Posted at 12:14 PM by Howard Bashman



Wednesday, July 29, 2020

“Supreme Court Justices Make Rare Public Appearances In Pandemic”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 10:30 PM by Howard Bashman



“Justice Ruth Bader Ginsburg admitted to hospital for non-surgical bile stent procedure; A Supreme Court spokesperson said Ginsburg, 87, ‘is resting comfortably’ after undergoing a minimally invasive procedure Wednesday in a New York hospital”: Pete Williams and Dartunorro Clark of NBC News have this report.

Dan Berman, Caroline Kelly, and Ariane de Vogue of CNN report that “Ruth Bader Ginsburg resting comfortably in New York City hospital after non-surgical procedure.”

The Public Information Office of the U.S. Supreme Court issued this news release this evening.

Posted at 10:02 PM by Howard Bashman



“Leaks from the Supreme Court, Part III: Justice Kavanaugh’s Weak and Ineffective Term; After two days of hero worship for Chief Justice Roberts and Justice Gorsuch, day three dumps on the Junior Justice.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:56 PM by Howard Bashman



“The Case for Replacing the Bar Exam With ‘Diploma Privilege’; The Covid pandemic strengthens the case for abolishing a requirement that should never have been imposed in the first place”: Ilya Somin has this post at “The Volokh Conspiracy.”

Posted at 8:00 PM by Howard Bashman



“Appeals court rules Ashley Judd can pursue sexual harassment claims against Harvey Weinstein”: Stacy Perman of The Los Angeles Times has this report.

Andrew Dalton of The Associated Press reports that “Court says Judd can sue Weinstein for sexual harassment.”

Tom Hals of Reuters reports that “Court revives Ashley Judd’s sexual harassment case against Harvey Weinstein.”

Peter Blumberg of Bloomberg News reports that “Ashley Judd’s Sex Harassment Claim Against Harvey Weinstein Is Revived.”

Gene Maddaus of Variety reports that “Ashley Judd Wins Appeal in Harvey Weinstein Sexual Harassment Suit.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner had a post titled “Ashley Judd’s Sexual Harassment Claim Against Harvey Weinstein Revived by Appeals Court; Ninth Circuit rules that California’s sexual harassment law covers ‘casting couch’ situations where there’s an ‘inherent power imbalance.’

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

Posted at 4:38 PM by Howard Bashman



“Kia HR Manager’s Case Could Spark ‘Earthquake’ in U.S. Workforce”: In October 2019, Patrick Dorrian of Bloomberg Law had an article that begins, “The full U.S. Court of Appeals for the Eleventh Circuit will hear argument Oct. 22 on what role, if any, a worker’s job duties play in determining whether she engaged in protected opposition to workplace discrimination.”

Today, the en banc U.S. Court of Appeals for the Eleventh Circuit issued this 150-page opinion in the case, consisting of five separate opinions in addition to a majority opinion. The opinion’s description of which judges are participating, and why or why not, uses the rare quintuple asterisk (not to be confused with yesterday’s dumb cubed).

Posted at 1:22 PM by Howard Bashman



“The Trump Administration Begins DACA Rescission 3.0, And Moots All Pending Challenge to the 2017 Dukes Memorandum and the 2018 Nielsen Memorandum”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:46 AM by Howard Bashman



Tuesday, July 28, 2020

“John Roberts strikes again. Conservatives should be furious.” Columnist Henry Olsen has this essay online at The Washington Post.

Posted at 9:57 PM by Howard Bashman



“Trump to extend current DACA protections, reject new applications after Supreme Court knockdown”: John Fritze and David Jackson of USA Today has this report.

Posted at 9:54 PM by Howard Bashman



“Sen. Hawley roils GOP court watchers with declaration he will only vote for nominees who oppose Roe; Hawley’s comments indicate a split among Republicans on how to handle Supreme Court nominations”: Tyler Olson of Fox News has this report.

Posted at 9:46 PM by Howard Bashman



“When Conservative Justices Revolt: Donald Trump promised religious voters that he would protect them with his Supreme Court appointments; The justices are not necessarily playing along.” Emma Green of The Atlantic has this report.

Posted at 9:40 PM by Howard Bashman



“Leaks From the Supreme Court, Part II: Justice Gorsuch Look Decisive and In Control. Yesterday was pro-Chief Justice Roberts day on CNN. Today is pro-Justice Gorsuch day. Justice Kagan is lurking in the background.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:05 PM by Howard Bashman



“Trump’s Next Supreme Court List Could Be Really Extreme”: Ed Kilgore has this post at the “Intelligencer” blog of New York Magazine.

Posted at 3:44 PM by Howard Bashman