How Appealing



Monday, August 31, 2020

“Michael Flynn case does not have to be immediately dismissed, appeals court rules”: Ann E. Marimow of The Washington Post has this report.

Sadie Gurman of The Wall Street Journal reports that “Michael Flynn’s Emergency Bid to Force Dismissal of Criminal Case Denied; Federal judge can examine Justice Department’s move to drop criminal case, appeals court rules.”

Kristine Phillips of USA Today reports that “Appeals court denies ex-Trump adviser Michael Flynn’s request to force dismissal of case.”

Jeff Mordock of The Washington Times reports that “Federal appeals court denies Flynn’s bid to dismiss criminal case.”

Eric Tucker of The Associated Press reports that “Appeals court keeps Flynn case alive, won’t order dismissal.”

Jan Wolfe of Reuters reports that “U.S. court denies ex-Trump adviser Flynn’s bid to halt criminal case.”

Erik Larson of Bloomberg News reports that “Flynn Loses Bid to Force Judge to Dismiss Criminal Case.”

Pete Williams of NBC News has a report headlined “Setback for Mike Flynn, Court of Appeals denies request to have his case tossed immediately; The saga of Trump’s former national security adviser, who pleaded guilty to lying to the FBI, is likely to drag on for months.”

Katelyn Polantz of CNN reports that “Appeals court denies Michael Flynn and Justice Department’s effort to end his case.”

Josh Gerstein of Politico reports that “Judge can move forward with Flynn hearing, appeals court says; The full D.C. Circuit Court of Appeals has ruled that lower-court Judge Emmet Sullivan may hear arguments over the Justice Department’s request to dismiss the case against former Trump national security adviser Michael Flynn, upending a smaller panel’s ruling.”

And Harper Neidig of The Hill reports that “Appeals court rejects Flynn’s effort to dismiss charges.”

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

Posted at 12:40 PM by Howard Bashman



“Supreme Court’s split decision for abortion rights gives opponents an unlikely boost”: Richard Wolf of USA Today has this report.

Posted at 9:52 AM by Howard Bashman



Sunday, August 30, 2020

“The Supreme Court kept DACA alive, but the future remains uncertain for immigrants. ‘It feels like we have a target on our backs.'” Abdel Jimenez of The Chicago Tribune has this report.

Posted at 8:54 PM by Howard Bashman



“Pennsylvania’s chief Supreme Court justice faces an ethics inquiry over an alleged racial insult”: Craig R. McCoy of The Philadelphia Inquirer has this report.

Posted at 8:42 PM by Howard Bashman



“The N.J. Senate confirmed the state’s first black female Supreme Court justice, a South Jersey lawyer”: Melanie Burney of The Philadelphia Inquirer has this report.

Posted at 8:40 PM by Howard Bashman



Saturday, August 29, 2020

“Rules can be bent when Supreme Court says so”: Columnist Bill Cotterell has this essay online at The Tallahassee Democrat.

Posted at 9:36 PM by Howard Bashman



“Is a using a racial slur free speech or a crime? Connecticut Supreme Court reinstates conviction of man who shouted slur at parking officer in a ‘Fighting Words’ case”: Edmund H. Mahony of The Hartford Courant has this report.

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Fighting Words in the Connecticut Supreme Court; Three interesting opinions: a sound majority, a plausible concurrence, and another concurrence focused on ‘hate speech’ that I think is unsound.”

Thursday’s ruling of the Supreme Court of Connecticut consisted of a majority opinion and two concurring opinions (here and here).

Posted at 9:24 PM by Howard Bashman



“Could It Be Bush v. Gore All Over Again? The scenarios that keep me up at night.” Linda Greenhouse has this essay online at The New York Times.

Posted at 8:53 PM by Howard Bashman



“Republicans make the courts a feature of their convention; Democrats do not, and liberals are worried”: Seung Min Kim of The Washington Post has this report.

Posted at 1:26 PM by Howard Bashman



“COVID-19 case delays Michigan Supreme Court hearing on Whitmer’s emergency powers”: Beth LeBlanc of The Detroit News has this report.

According to the article, “The court assistant fighting COVID-19 is an ‘indispensable’ team member who helps Justice Richard Bernstein, who is blind, ‘to review and internalize thousands of pages of material,’ Bernstein said in a statement.”

Posted at 1:22 PM by Howard Bashman



“Kanawha to hold first jury trial during pandemic, WV Supreme Court returns to in-person arguments this week”: Joe Severino has this front page article in today’s edition of The Charleston (W. Va.) Gazette-Mail.

Posted at 1:18 PM by Howard Bashman



Friday, August 28, 2020

“Florida Supreme Court says DeSantis exceeded his authority in naming new justice”: Mary Ellen Klas of The Miami Herald has this report.

In today’s edition of The Orlando Sentinel, Gray Rohrer has a front page article headlined “DeSantis overstepped authority in picking justice but no going back now, Florida Supreme Court rules.”

In today’s edition of The Palm Beach Post, Jane Musgrave has a front page article headlined “Fla. justices: DeSantis exceeded authority in choice of high court judge; Renatha Francis wasn’t qualfied, the court says.”

Tal Axelrod of The Hill reports that “Florida Supreme Court says governor overstepped authority in naming new justice.”

And Gina Jordan of WFSU Public Media reports that “Florida Supreme Court Says Gov. DeSantis Exceeded Authority, But No Remedy For Judicial Appointment.”

You can access yesterday’s ruling of the Supreme Court of Florida at this link.

Posted at 6:44 PM by Howard Bashman



“North Dakota Supreme Court justice rehospitalized”: Jack Dura of The Bismarck Tribune has a report that begins, “North Dakota’s longest-serving Supreme Court justice is back in the hospital amid his recovery from COVID-19.”

Posted at 6:20 PM by Howard Bashman



“Judge Katzmann, His Tenure Book-Ended by Crises, Reflects on 7 Years Leading the 2nd Circuit”: Tom McParland of the New York Law Journal has this report.

Posted at 5:02 PM by Howard Bashman



“Dueling Petitions and a Surprise Advocate: Kannon Shanmugam Reflects on Supreme Court’s CFPB Case”: Tony Mauro of The National Law Journal has this Q&A report.

Posted at 3:34 PM by Howard Bashman



Thursday, August 27, 2020
Wednesday, August 26, 2020

“Convicted of Sex Crimes, but With No Victims. An online sting operation to catch child predators snared hundreds of men. What were they really guilty of?” Michael Winerip will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

Posted at 9:08 PM by Howard Bashman



“Trump administration asks Supreme Court to reinstate abortion pill restrictions judge has suspended due to coronavirus”: Dan Mangan of CNBC has this report. You can view the filing at this link.

Update: At “The Volokh Conspiracy,” Josh Blackman has a related post titled “Solicitor General: ‘At least five Justices explicitly rejected the balancing test’ that considers the ‘benefits and burdens’ under Whole Woman’s Health; The SG agrees with the Eighth Circuit and Judge Willett; The Supreme Court may have to decide the vitality of Whole Woman’s Health sooner than I expected.”

Posted at 4:32 PM by Howard Bashman



“Why Only the Republicans Are Talking About Abortion: The G.O.P. convention featured an extreme anti-abortion activist; The Democrats mostly kept mum.” Lauren Kelley has this essay online at The New York Times.

Posted at 4:24 PM by Howard Bashman



“Pa.’s Chief Justice Subject of Disciplinary Investigation as Speculation Over Affidavit Persists; Court watchers have said allegations contained in an affidavit signed by a former supervising judge raise serious questions about grand jury secrecy, as they speculate about the reasons for its surfacing”: Max Mitchell of The Legal Intelligencer has this report.

Posted at 2:50 PM by Howard Bashman



“The National Constitution Center will award its 32nd annual Liberty Medal to the Honorable Ruth Bader Ginsburg, Associate Justice of the Supreme Court of the United States, for her efforts to advance liberty and equality for all.” The National Constitution Center issued this announcement today.

Posted at 2:16 PM by Howard Bashman



“Schools Cannot Discriminate Against Transgender Students When It Comes To Bathrooms, An Appeals Court Ruled; The decision from the 4th Circuit siding with transgender student Gavin Grimm puts the issue of transgender bathroom use back on track for a US Supreme Court fight”: Zoe Tillman of BuzzFeed News has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

Posted at 1:20 PM by Howard Bashman



“Yale Law Professor Jed Rubenfeld Has Been Suspended for Sexual Harassment”: Irin Carmon has this post at the “Intelligencer” blog of New York magazine.

Posted at 10:48 AM by Howard Bashman



“As repairs to vandalized Ohio Supreme Court are completed, Chief Justice Maureen O’Connor pushes for reforms”: Laura Hancock of The Cleveland Plain Dealer has an article that begins, “Ohio Chief Justice Maureen O’Connor draws a clear distinction between peaceful protesters on the nights following George Floyd’s death while in police custody and vandals among them who broke windows and spray painted the outside of the Thomas J. Moyer Ohio Judicial Center.”

Posted at 10:40 AM by Howard Bashman



“A Remarkable Journey to the ‘Centre Chair'”: In the Summer 2020 issue of Judicature magazine, Marsha C. Erb has an article that begins, “Beverley McLachlin, widely regarded as one of the best legal minds to take a seat on the Supreme Court of Canada, stood alone on stage at the Winspear Centre in Sidney, a quiet seaside town on Vancouver Island.”

Posted at 10:30 AM by Howard Bashman



“A Lawyer’s Tweets Put India’s Supreme Court on Trial and Him at Risk of Imprisonment; Prashant Bhushan, a prominent lawyer who criticized India’s Supreme Court, could be sentenced to jail after he was found in contempt”: Karan Deep Singh and Hari Kumar had this article in yesterday’s issue of The New York Times.

Posted at 10:22 AM by Howard Bashman