How Appealing



Thursday, July 16, 2020

“The centre holds: An end-of-term report for SCOTUS; The 2019-20 Supreme Court term defied simple ideological division.” Steven Mazie has this article (subscription or registration may be required for full access) in the July 18, 2020 issue of The Economist.

Posted at 10:56 AM by Howard Bashman



“Full federal appeals court upholds Richmond judge in contentious search and seizure case”: Frank Green of The Richmond Times-Dispatch has an article that begins, “A divided federal appeals court Wednesday, in opinions invoking George Floyd, Eric Gardner, the Rev. Martin Luther King Jr. and others, held that Richmond police violated the rights of a felon caught with a handgun when he was stopped and searched in 2017.”

This blog’s earlier coverage of yesterday’s en banc Fourth Circuit ruling can be accessed here.

Posted at 10:47 AM by Howard Bashman



Wednesday, July 15, 2020

“Man suffers burns while setting a Supreme Court police vehicle on fire in D.C., authorities say”: Peter Hermann of The Washington Post has this report.

Joseph Wilkinson of The New York Daily News reports that “Man sets cop car on fire in front of Supreme Court, taken to hospital with severe burns.”

Steven Nelson of The New York Post reports that “Man burned after blowing up cop car outside US Supreme Court.”

Jamie Ehrlich and Colin McCullough of CNN report that “Man in custody after Supreme Court police vehicle set on fire.”

Andrew O’Reilly and Chad Pergram of Fox News report that “Supreme Court police vehicle set ablaze, 1 person in custody; The suspect was taken into police custody with minor injuries that were sustained when setting the car ablaze.”

And Katherine Tully-McManus of Roll Call reports that “Police car torched outside Supreme Court, suspect burned and in custody; ‘The whole thing was literally a fireball,’ witness tells CQ Roll Call.”

Posted at 8:22 PM by Howard Bashman



“Blockbuster decisions in 6 areas of law made this a SCOTUS term to remember”: Law professor Erwin Chemerinsky has this essay online at ABA Journal.

Sadly, this is shaping up to be a year in which I won’t get to hear Chemerinsky’s SCOTUS Term-in-review talk even once.

Posted at 4:14 PM by Howard Bashman



“How Trump compares with other recent presidents in appointing federal judges”: John Gramlich has this post at the “Fact Tank” blog of the Pew Research Center.

Posted at 4:06 PM by Howard Bashman



“The Teflon Robe — Exploiting the Bench: The long quest to stop a ‘Sugar Daddy’ judge accused of preying on women; In much of America, judicial oversight is so lax that misconduct by small-town judges can go unchecked; A judge in the Ozarks was suspected of sexually exploiting women for years; Efforts to unseat him went nowhere, until an unusually vigilant watchdog agency took on the case.” John Shiffman and Michael Berens of Reuters have this report, part three of a Reuters Investigates series.

Posted at 1:48 PM by Howard Bashman



“Joy Reid Must Defend Against Defamation Claims, Second Cir. Says”: Porter Wells of Bloomberg Law has this report.

Ted Johnson of Deadline reports that “Joy Reid Again Faces Defamation Claim Over Social Media Posts.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner had a post titled “MSNBC Host Joy Reid Faces Revived Libel Claim Upon Big Appellate Decision.”

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

Posted at 1:40 PM by Howard Bashman



“Thomas gains support from a Supreme Court colleague on view that states can favor religion”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 11:30 AM by Howard Bashman



“First Women To Hold Top Staff Jobs At Supreme Court Are Retiring”: Nina Totenberg had this audio segment on yesterday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 11:26 AM by Howard Bashman



“Supreme Court casts a shadow over Congress’ power to investigate; But House Democrats are still testing the high court’s boundaries”: Kyle Cheney and Josh Gerstein of Politico have this report.

Posted at 11:25 AM by Howard Bashman



“At Louisiana Supreme Court, campaign style attacks and recusal wars keep erupting; Special interests on opposing sides of coastal lawsuits push for judges to step aside from their cases; Supreme Court discusses recusals in secret”: Andrea Gallo and John Simerman of The Times-Picayune of New Orleans have this report.

Posted at 11:23 AM by Howard Bashman



“Petition urges State Attorney to charge Adelsons in Dan Markel murder”: Karl Etters of The Tallahassee Democrat has an article that begins, “A petition urging State Attorney Jack Campbell to bring murder charges against the former in-laws of slain Florida State Law professor Dan Markel quickly gathered signatures when it was released Monday.”

Posted at 11:10 AM by Howard Bashman



“Park Police detained an on-duty Secret Service agent. He says it was because he’s black.” Meagan Flynn of The Washington Post had this report back in June 2019.

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this decision refusing to disturb the district court’s denial of qualified immunity to the U.S. Park Police officers on the now-retired Secret Service agent’s Bivens claim arising from the incident.

Posted at 10:20 AM by Howard Bashman



“Arbitration Clause in Tribal Lender’s Payday Loans Unenforceable”: Bernie Pazanowski of Bloomberg Law has a report (subscription required for full access) that begins, “The arbitration clause in a tribal lender’s payday loans impermissibly strips borrowers of their right to pursue statutory claims and is therefore unenforceable, the Third Circuit said Tuesday.”

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

Posted at 10:10 AM by Howard Bashman



“Jury selection via Zoom: First Miami-Dade case is a glimpse of court in the coronavirus era.” Haley Lerner of The Miami Herald has this report.

Posted at 9:48 AM by Howard Bashman



Tuesday, July 14, 2020

“The Justices’ Wakeup Call to Congress: When it created the CFPB, the legislature gave it immense power; Now, the presidency has a hold of it.” Mick Mulvaney and Eric Blankenstein have this essay online at The Wall Street Journal.

Posted at 11:00 PM by Howard Bashman



“The Supreme Court’s Late-Night Death Penalty Decision Isn’t Just Cruel. It’s Legally Indefensible. The five conservative justices abdicated their duty to ensure that executions comply with the Constitution.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 10:40 PM by Howard Bashman



“Progressives’ Supreme Court Victories Will Be Fleeting; The groundwork is now in place for major conservative wins in the years ahead”: Law professor Leah Litman has this essay online at The Atlantic.

Posted at 8:47 PM by Howard Bashman



“U.S. executes Daniel Lewis Lee, at Terre Haute prison, first in 17 years”: Lisa Trigg of The Tribune-Star of Terre Haute, Indiana has this report.

Tim Evans and Holly V. Hays of The Indianapolis Star have an article headlined “‘You’re killing an innocent man’: Daniel Lewis Lee executed in Terre Haute federal prison.”

Mark Berman of The Washington Post reports that “Trump administration carries out first federal execution since 2003 after late-night Supreme Court intervention.”

Hailey Fuchs of The New York Times reports that “Government Carries Out First Federal Execution in 17 Years; Hours after a 5-to-4 vote by the Supreme Court, Daniel Lewis Lee was put to death by lethal injection in Terre Haute, Ind., for his role in the 1996 murder of a family of three.”

Jess Bravin and Sadie Gurman of The Wall Street Journal report that “Daniel Lewis Lee Is Executed; Focus Turns to Other Death Row Inmates; Following first federal execution in 17 years, a judge declined requests to delay the capital punishment of convicted murderers Wesley Ira Purkey and Dustin Lee Honken.”

Richard Wolf of USA Today reports that “Federal execution renews Supreme Court’s divide over death penalty.”

Jeff Mordock of The Washington Times reports that “U.S. executes convicted killer for first time in 17 years.”

Michael Balsamo of The Associated Press has a report headlined “First federal execution in 17 years; another set Wednesday.”

Jonathan Allen and Sarah N. Lynch of Reuters report that “U.S. carries out first execution in 17 years after overnight Supreme Court ruling.”

Zoe Tillman of BuzzFeed News reports that “The Trump Administration Carried Out The First Federal Execution In 17 Years; Death row inmates unsuccessfully tried to pause federal executions while they challenged the Trump administration’s new lethal injection protocol.”

On today’s broadcast of NPR’s “Morning Edition,” Carrie Johnson had an audio segment titled “Federal Government Executes 1st Prisoner In 17 Years After Overnight Court Rulings.” And on this evening’s broadcast of NPR’s “All Things Considered,” Johnson had an audio segment titled “Federal Government Resumes Capital Punishment, Executes Daniel Lee.”

You can access this morning’s per curiam 5-to-4 ruling of the U.S. Supreme Court at this link.

Posted at 8:36 PM by Howard Bashman



“Justice Ruth Bader Ginsburg hospitalized for possible infection”: Mark Berman of The Washington Post has an article that begins, “Justice Ruth Bader Ginsburg was admitted to Johns Hopkins Hospital in Baltimore early Tuesday to receive treatment for a possible infection and will remain for a few days, according to the Supreme Court.”

And Richard Wolf of USA Today reports that “Supreme Court Justice Ruth Bader Ginsburg hospitalized with infection.”

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

Posted at 6:08 PM by Howard Bashman



Monday, July 13, 2020

“Homicide in Tulsa ‘first real test’ of Supreme Court decision affecting criminal jurisdiction on Indian land”: Harrison Grimwood of The Tulsa World has an article that begins, “A Tulsa man was accused in the death of his girlfriend, a Cherokee Nation citizen, the day after a landmark U.S. Supreme Court decision that redefined what federal and state prosecutors have historically known as ‘Indian Country.'”

Posted at 11:56 PM by Howard Bashman