How Appealing



Wednesday, August 26, 2020

“June Medical Services and Chief Justice Roberts’ long game”: Amaury A. Reyes-Torres has this post online at Medium.

Posted at 9:33 AM by Howard Bashman



“Ron DeSantis’ office paid D.C. law firm $250,000 to defend felon voting law; Attorney Charles Cooper represented the state before the U.S. Court of Appeals for the 11th Circuit last week”: Lawrence Mower of The Tampa Bay Times has this report.

Posted at 9:25 AM by Howard Bashman



“Why Finding Justices Who Will Overturn Roe v. Wade Hasn’t Been Easy, And What to Do About It”: Ed Whelan has this essay online at Public Discourse.

Posted at 9:22 AM by Howard Bashman



Tuesday, August 25, 2020

“Texas Files Motion in the En Banc Court to Stay Injunction Pending Appeal in Whole Woman’s Health v. Paxton; As far as I am aware, the Texas SG is the first litigant to seek en banc review of an interim panel order”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:37 PM by Howard Bashman



“How the Satanic Temple Could Bring Abortion Rights to the Supreme Court; By using the same religious liberty argument as Hobby Lobby, The Satanic Temple is trying to have its members exempted from state abortion laws”: David S. Cohen of Rolling Stone has this report.

Posted at 9:34 PM by Howard Bashman



“McGirt to remain jailed pending federal retrial necessitated by eponymous Supreme Court ruling”: Curtis Killman of The Tulsa World has this report.

Posted at 9:32 PM by Howard Bashman



“A weighty decision: Lots of factors in play as Raimondo considers next R.I. Supreme Court justice.” Katie Mulvaney has this front page article in today’s edition of The Providence Journal.

Posted at 9:28 PM by Howard Bashman



“Inside Virus-Era Supreme Court: How Clerks Adjusted to New Reality; ‘It moved from most of the clerks working remotely to really all of us working remotely, by and large,’ said Michael Francisco, who joined McGuireWoods as a partner after clerking last term for Justice Neil Gorsuch”: Tony Mauro of The National Law Journal has this report.

Posted at 2:30 PM by Howard Bashman



“N.J. Senate committee unanimously approves first Black woman to state Supreme Court”: Blake Nelson has this article in today’s edition of The Newark Star-Ledger.

In today’s edition of The Record of Hackensack, New Jersey, Ashley Balcerzak has a front page article headlined “Fabiana Pierre-Louis one step closer to being first Black woman to serve on NJ Supreme Court.”

In today’s edition of The Philadelphia Inquirer, Melanie Burney has an article headlined “N.J. Senate committee unanimously approves nomination for state’s first Black female Supreme Court justice.”

Tracey Tully of The New York Times reports that “Daughter of Immigrants to Be 1st Black Woman on N.J. Supreme Court; Fabiana Pierre-Louis, 39, will also be the only Black judge currently seated on the state’s highest court.”

And Joe Hernandez of WHYY reports that “N.J. committee unanimously approves Pierre-Louis for state Supreme Court.”

Posted at 9:14 AM by Howard Bashman



“What happens to the Supreme Court (and the Constitution) if Trump wins; The Supreme Court has rejected some of the GOP’s sloppiest and most presumptuous arguments; It won’t anymore if Republicans grow their majority”: Ian Millhiser has this essay online at Vox.

Posted at 9:01 AM by Howard Bashman



“Shot by cops, thwarted by judges and geography; U.S. courts show wide regional disparities in granting qualified immunity, the controversial legal doctrine now under fire for protecting officers accused of excessive force”: Andrew Chung, Lawrence Hurley, Andrea Januta, Jackie Botts, and Jaimi Dowdell of Reuters have this report.

Posted at 8:56 AM by Howard Bashman



“How to Take (Some of) the Politics Out of Judges’ Retirements; Two modest — even Madisonian — suggestions for reform”: Nathaniel A.G. Zelinsky has this essay online at The Bulwark.

Posted at 8:50 AM by Howard Bashman



Monday, August 24, 2020

“TCS loses US trade secrets case again, but may pay less”: Avik Das of The Times of India has this report.

And Anandi Chandrashekhar of The Economic Times reports that “US court reduces damages in TCS-Epic Systems case, company to appeal.”

You can access last Thursday’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. The appellate court ruled, with respect to punitive damages, that given the large amount of compensatory damages awarded, the maximum ratio due process allowed for punitive damages was 1-to-1.

Posted at 9:56 PM by Howard Bashman



“Lawsuit seeking to block the Obama Presidential Center loses federal appeal; A three-judge appellate panel affirmed the U.S. District Court ruling, but said they couldn’t rule on some matters it considered to be under state, not federal, jurisdiction”: Manny Ramos of The Chicago Sun-Times has this report.

And Christian Belanger of the Hyde Park Herald reports that “Seventh Circuit remands Protect Our Parks case against OPC, finding that some claims should have been dismissed.”

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

Posted at 9:44 PM by Howard Bashman



“Tesla, automakers urge FTC to seek appeal after defeat in Qualcomm case”: Stephen Nellis of Reuters has a report that begins, “A group of tech companies and automakers, including Tesla Inc, Ford Motor Co, Honda Motor Co Ltd and Daimler AG, on Monday urged the U.S. Federal Trade Commission to seek an appeal after its loss in a case against chip supplier Qualcomm Inc.”

Posted at 8:37 PM by Howard Bashman



“Appeals court upholds rally convictions but says part of federal law may be unconstitutional”: Tyler Hammel of The Daily Progress of Charlottesville, Virginia has this report.

Denise Lavoie of The Associated Press reports that “Court finds parts of anti-riot law violate free speech.”

Josh Gerstein of Politico reports that “Court pares back federal Anti-Riot Act; But 4th Circuit judges uphold the use of the 1968 law to convict two men for violence at the ‘Unite the Right’ rally in Charlottesville, Va.

And Brad Kutner of Courthouse News Service reports that “Fourth Circuit Strikes Down Parts of Anti-Riot Law; The appellate court’s ruling comes a year after a federal judge in a separate case held that the entire Anti-Riot Act is unconstitutional.”

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

Posted at 8:32 PM by Howard Bashman



“Justice Department increasing attacks on affirmative action in college admissions”: In today’s edition of The Boston Globe, Deirdre Fernandes has a front page article that begins, “The US Justice Department’s recent complaint that Yale University discriminated against Asian American and white applicants in its admissions process opens a new front in the Trump administration’s fight against affirmative action in college admissions, legal experts say.”

Posted at 10:50 AM by Howard Bashman



Sunday, August 23, 2020

“The Kagan Court? Unpacking a Conservative Charge; When Gorsuch and Roberts vote with the liberals, the right blames Kagan.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 8:45 PM by Howard Bashman



“Supreme Court, federal judiciary rising as key issue in presidential, Senate elections”: Richard Wolf of USA Today has this report.

Posted at 8:35 PM by Howard Bashman



“A Detailed Look at the Downside of California’s Ban on Affirmative Action; Ending racial preferences in a state university system harmed Black and Hispanic students while doing little to lift whites and Asian-Americans, a study asserts”: Kevin Carey had this article in yesterday’s edition of The New York Times.

Posted at 4:06 PM by Howard Bashman



Saturday, August 22, 2020

“Prop. 209’s affirmative action ban drove down Black and Latino UC enrollment and wages, study finds”: Teresa Watanabe has this article in today’s edition of The Los Angeles Times.

Posted at 1:28 PM by Howard Bashman



Friday, August 21, 2020

“Michigan Court of Appeals backs Whitmer on use of emergency power”: Paul Egan of The Detroit Free Press has this report.

Craig Mauger of The Detroit News reports that “Michigan Court of Appeals upholds Gov. Whitmer’s emergency actions.”

And Lauren Gibbons of MLive reports that “Michigan court sides with Whitmer in fight over coronavirus emergency powers.”

Today’s ruling of the Court of Appeals of Michigan consists of a majority opinion and an opinion concurring in part and dissenting in part.

Posted at 10:34 PM by Howard Bashman



“Colorado Supreme Court to impose term lengths for chief justice as current one retires; Chief Justice Nathan Coats will be succeeded by Justice Brian Boatright”: Shelly Bradbury of The Denver Post has this report.

Posted at 10:02 PM by Howard Bashman