How Appealing



Friday, July 24, 2020

“Split 5 to 4, Supreme Court Rejects Nevada Church’s Challenge to Shutdown Restrictions; The church said it was subject to more severe limits than casinos and restaurants”: Adam Liptak of The New York Times has this report.

Scott Sonner of The Associated Press reports that “US Supreme Court denies Nevada church’s appeal of virus rule.”

Jan Wolfe of Reuters reports that “U.S. Supreme Court turns down church challenge to Nevada pandemic rules.”

And Greg Stohr and David McLaughlin of Bloomberg News reports that “Supreme Court Rejects Nevada Church Challenge on Virus Rules.”

You can access today’s 5-to-4 order of the U.S. Supreme Court, and the three dissents therefrom, at this link.

Posted at 9:21 PM by Howard Bashman



“Trump Presses Limits on Transgender Rights Over Supreme Court Ruling; The Trump administration is pressing forward with policies limiting transgender rights; Many rules that have been in development for years have now either been finalized or have gone into effect”: Chris Cameron of The New York Times has this report.

Posted at 8:04 PM by Howard Bashman



“UCI Law Video: 10th Annual Supreme Court Term in Review.” You can view the video of this always very interesting event online via this link. Here’s a description of the event:

This lively discussion reviewed the Supreme Court’s key cases decided in the October 2019 term, drawing a large audience for the virtual presentation, recorded via Zoom. Moderated by Chancellor’s Professor of Law and Political Science Richard Hasen, the all-star panel of Supreme Court jurists, journalists and legal scholars included Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, Berkeley Law; Ariane de Vogue, Supreme Court Reporter for CNN; Rachel Moran, Distinguished Professor of Law, UCI Law; Michael T. Morley, Assistant Professor, Florida State University College of Law; and Kate Shaw, Supreme Court Contributor for ABC News and Professor of Law, Cardozo Law.

Just over four years ago, I had the pleasure of being on the panel for the sixth annual installment of this event.

Posted at 11:24 AM by Howard Bashman



“Kavanaugh Urged to Sit Out Facebook Case Due to Friendship”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 9:54 AM by Howard Bashman



Thursday, July 23, 2020

“Pa. Supreme Court chief justice complained about a Black justice and her ‘minority agenda,’ former judge says”: Craig R. McCoy of The Philadelphia Inquirer has this report.

Posted at 9:28 PM by Howard Bashman



“Clear Polarization in Second Level Supreme Court Decision Making”: Adam Feldman has this post at his “Empiical SCOTUS” blog.

Posted at 1:38 PM by Howard Bashman



Wednesday, July 22, 2020

“Suspect in Death of N.J. Judge’s Son Is Linked to California Killing; Roy Den Hollander, the ‘anti-feminist’ who is the prime suspect in the New Jersey shooting, may also have killed a rival men’s rights lawyer, officials say”: Nicole Hong, William K. Rashbaum, Mihir Zaveri, and Katherine Rosman of The New York Times have this report.

Posted at 11:11 PM by Howard Bashman



“L.A. Parking Meter Fines Not ‘Excessive,’ Federal Court in Pasadena Rules”: City News Service has an article that begins, “A federal appeals court in Pasadena ruled Wednesday that Los Angeles’ $63 expired parking meter fine is not excessive, but ordered a lower court to decide whether a late-payment penalty in the same amount is going too far.”

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

Posted at 10:18 PM by Howard Bashman



“Louisiana Supreme Court grants ‘diploma privilege’ to let recent grads practice without bar exam”: Andrea Gallo of The Times-Picayune of New Orleans has this report.

Posted at 10:12 PM by Howard Bashman



“Trump lied to the Supreme Court. His new census order proves it. Now we know why the administration wanted a citizenship question on the census.” Law professor Leah Litman has this essay online at The Washington Post.

Posted at 10:08 PM by Howard Bashman



“Clerk retracts ‘pauper’ status in Supreme Court Justice Hughes’ lawsuit against The Advocate”: John Simerman of The Times-Picayune of New Orleans has this report.

Posted at 10:04 PM by Howard Bashman



“Pandemic lawsuits from voters, worshipers, prisoners meet roadblock at Supreme Court”: Richard Wolf of USA Today has this report.

Posted at 9:57 PM by Howard Bashman



“The long road from hardship to Harvard Law; Sanitation work helped him get through college; This year, Rehan Staton got the acceptance letter his dad and brother always knew he deserved”: Lauren Daley of The Boston Globe has this report.

Today’s broadcast of NPR’s “Morning Edition” contained an audio segment titled “Maryland Man’s Perseverance Pays Off. He Will Attend Harvard Law School.”

And in earlier coverage, Sydney Page of The Washington Post had an article headlined “This Maryland man was a sanitation worker. Now he is accepted to Harvard Law School.”

Posted at 9:00 PM by Howard Bashman



“FBI links killing of California lawyer to suspect in deadly attack on New Jersey judge’s family”: Richard Winton of The Los Angeles Times has this report.

Ben Feuerherd of The New York Post has an article headlined “Roy Den Hollander likely killed rival a week before shooting Judge Salas’ family: FBI.”

Ben Kesslen of NBC News reports that “The attack on Judge Salas’ family highlights concerns over judicial safety; Federal judges get protection from the U.S. Marshals Service but still often face threats for their work.”

And on today’s broadcast of NPR’s “Morning Edition,” Brian Mann had an audio segment titled “Attack In New Jersey Reminds Judges That Their Jobs Are Dangerous.”

Posted at 8:34 PM by Howard Bashman



“Texas Supreme Court Justice Paul Green says he will retire at the end of August after 15 years on the bench; Green’s term ends Dec. 31, 2022; Gov. Greg Abbott will appoint his successor”: Reese Oxner of The Texas Tribune has this report.

Posted at 8:24 PM by Howard Bashman



“Trump, Ginsburg and the democracy emergency: It’s here and minority rule is the culprit; Trump and Republicans have hacked our democracy beyond accountability and now they’re one cancerous liver away from getting everything they want.” Jason Sattler has this essay online at USA Today.

Posted at 8:17 PM by Howard Bashman



“House votes to remove Confederate statues, bust of chief justice, from Capitol; The bill would replace former Chief Justice Roger B. Taney’s bust with one of former Supreme Court Justice Thurgood Marshall”: Rebecca Shabad of NBC News has this report.

Posted at 8:15 PM by Howard Bashman



Tuesday, July 21, 2020

“Trump wants to be king. Did John Yoo just hand him the crown?” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 10:08 PM by Howard Bashman



He who seeks equity must do equity: A judge serving on the U.S. Court of Appeals for the Fifth Circuit emails:

Beginning this week, you will notice Fifth Circuit opinions have a completely new format, and the Equity Text A font replaces Century Schoolbook, which the court has used since 2007.

During the transition, some opinions will be issued with the old format and some with the new format.

To see it for yourself, yesterday the Fifth Circuit issued this published opinion using the Equity font.

One minor criticism of the Court’s first example using this new font — whoever created this opinion did not have Equity’s italic font pack installed. (The Typography for Lawyers site offers this depiction of the differences between the actual italic font and the regular font — the latter of which will simply appear slanted when the italic font pack isn’t installed).

Update: Today’s example of a Fifth Circuit opinion using the new font (access here) does have the Equity italic font pack installed, so perhaps problem solved!

Posted at 8:20 PM by Howard Bashman



“SCOTUS Doesn’t Trust Congress — And That’s a Problem for American Government; The past decade has witnessed a dangerous trend: a judicial branch that expresses deep suspicion of the legislative branch’s competence and motives”: Law professors Jonathan S. Gould and Olatunde C.A. Johnson have this essay online at The Atlantic.

Posted at 4:50 PM by Howard Bashman



“What would Mitch McConnell do if Ginsburg’s seat became vacant? You know perfectly well.” Columnist Nicholas Goldberg recently had this essay online at The Los Angeles Times.

Posted at 4:45 PM by Howard Bashman



“The Justice Department’s Shameful Rush to Federal Executions: The push to impose the federal death penalty no matter the cost poses a grave threat to the rule of law.” Cate Stetson and Ruth Friedman recently had this essay online at The New York Times.

Posted at 4:38 PM by Howard Bashman



“What’s at stake if Trump gets to replace Justice Ruth Bader Ginsburg: Lazy and overtly partisan arguments would be likely to prevail with the Supreme Court.” Ian Millhiser has this essay online at Vox.

Posted at 4:32 PM by Howard Bashman



“The Class of RBG: The remarkable stories of the nine other women in the Harvard Law class of ’59 — as told by them, their families, and a Supreme Court justice who remembers them all.” Dahlia Lithwick and Molly Olmstead have this jurisprudence article online at Slate.

A lightly-edited transcript of Lithwick’s interview with Justice Ruth Bader Ginsburg about the subject of the article can be accessed here.

And the new installment of Slate’s “Amicus” podcast is titled “The Class of RBG: Who were the nine other women in Ruth Bader Ginsburg’s Harvard Law class? The justice remembers them all.”

Posted at 2:46 PM by Howard Bashman



“Lawyer suspected in fatal shooting at N.J. federal judge’s home may have been targeting another judge”: Anthony G. Attrino of NJ Advance Media has this report.

Joe Atmonavage and Ted Sherman of NJ Advance Media have an article headlined “Judge Esther Salas and Mark Anderl were brought together by the law. Now they face ‘unspeakable loss.’

And Jorge Fitz-Gibbon and Tamar Lapin of The New York Post report that “Roy Den Hollander may have been hunting foes after cancer diagnosis.”

Posted at 1:42 PM by Howard Bashman



“The New Jersey Shooting Suspect Left a Pro-Trump Paper Trail; In a trove of documents published online, Roy Den Hollander directed misogynistic and racist insults at U.S. District Court Judge Esther Salas, and expressed support for the president”: Joshua Benton has this report online at The Atlantic.

Posted at 1:37 PM by Howard Bashman



“Flynn urges appeals court to end the battle over dismissing his case; The Justice Department also weighed in against Judge Emmet Sullivan’s petition for full court review”: Kyle Cheney and Josh Gerstein of Politico have this report.

Posted at 1:34 PM by Howard Bashman



“‘There’s no way to have 100% security’: Federal judge reflects on violent threats 15 years after losing loved ones.” Katelyn Polantz of CNN has this report.

Posted at 1:30 PM by Howard Bashman