“Some Great Picks Trump Should Consider for Supreme Court”: John G. Malcolm and Zack Smith have this essay online at The Daily Signal.
Posted at 11:34 AM by Howard Bashman
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Tuesday, August 18, 2020
“Some Great Picks Trump Should Consider for Supreme Court”: John G. Malcolm and Zack Smith have this essay online at The Daily Signal. Posted at 11:34 AM by Howard Bashman“11th Circuit Blocks Order Allowing Felon Voting in Florida; More than 774,000 Florida felons owe fees that could prevent them from voting”: Alex Pickett of Courthouse News Service had this report early last month. The U.S. Court of Appeals for the Eleventh Circuit is holding its en banc oral argument in this appeal this morning, and you can view the live video via this link. Posted at 11:09 AM by Howard Bashman“Virginia Church’s ‘First Lady’ Loses Wire Fraud Appeal”: Porter Wells of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday. Posted at 10:48 AM by Howard BashmanThree judges, four opinions: Scott Graham of The Recorder has an article headlined “3-Judge Panel Needs 4 Opinions to Reject Porn Company’s Copyright Claim; All three judges wrote their own opinion, with one writing a concurring opinion to his own majority ruling.” You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 10:38 AM by Howard Bashman“Trump Is Denied Full New York Court Rehearing in Emoluments Case”: Bob Van Voris of Bloomberg News has this report. Erica Orden and Katelyn Polantz of CNN report that “Appeals court lets emoluments case against Trump continue.” John Kruzel of The Hill reports that “Appeals court denies Trump’s rehearing request in emoluments suit.” Brandi Buchman of Courthouse News Service reports that “En Banc Second Circuit Won’t Rehear Trump Emoluments Case.” And at “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Second Circuit Refuses to Take Emoluments Case En Banc; At least four judges (and one senior judge) believe the standing question is worthy of en banc review; Will the Supreme Court think it’s worth certiorari?” You can access yesterday’s order of the U.S. Court of Appeals for the Second Circuit, and the separate opinions pertaining thereto, at this link. Posted at 10:30 AM by Howard Bashman“One Twitter Account’s Quest to Proofread The New York Times; In 2017, the Times dissolved its copy desk, possibly permitting more typos to slip through; Meet the anonymous lawyer who’s correcting the paper of record one untactful tweet at a time”: Ben Lindbergh of The Ringer has this report. As the article explains, “The proud pedant behind @nyttypos is, as his Twitter bio proclaims, an ‘appellate lawyer and persnickety dude.’ While working for a government office on appeals for the federal courts of appeals and the Supreme Court, he has diligently, competently, and caustically grammar-policed the paper of record in his spare time, producing more than 20,000 tweets over the past 11 months.” Unlike before the David Lat unmasking of 2005, this time I actually know who this anonymous appellate lawyer is, but their secret is safe with me. Posted at 10:08 AM by Howard BashmanMonday, August 17, 2020
“Judge Blocks Trump Officials’ Attempt to End Transgender Health Protections; The decision arrived a day before a Trump administration rule narrowing the legal definition of sex discrimination was set to take effect”: Margot Sanger-Katz and Noah Weiland of The New York Times have this report. Samantha Schmidt of The Washington Post reports that “Federal judge blocks Trump administration from ending transgender health-care protections.” Ricardo Alonso-Zaldivar of The Associated Press reports that “Trump rule on transgender health blocked at the 11th hour.” Lawrence Hurley of Reuters reports that “U.S. judge blocks Trump rule on LGBT health discrimination.” Devan Cole of CNN reports that “Federal judge blocks Trump administration’s rollback of Obama-era transgender health care protections.” Susannah Luthi of Politico reports that “Judge halts Trump’s rollback of transgender health protections; Monday’s decision didn’t address other provisions of Trump’s revised nondiscrimination rules.” Nathaniel Weixel of The Hill reports that “Federal judge temporarily blocks Trump transgender health rule from taking effect.” And Zoe Tillman of BuzzFeed News reports that “A Judge Blocked The Trump Administration’s Effort To Roll Back Transgender Healthcare Protections; The court ruling is one of the first to apply the US Supreme Court’s expansion of employment protections for LGBTQ individuals to other areas.” You can access today’s ruling of the U.S. District Court for the Eastern District of New York at this link. Posted at 9:42 PM by Howard Bashman“Insurers Entitled to Obamacare Cost-Sharing Pay, Court Says”: Mary Anne Pazanowski of Bloomberg Law has this report on two rulings (access here and here) that the U.S. Court of Appeals for the Federal Circuit issued Friday. Posted at 1:37 PM by Howard Bashman“A Justice for Our Time”: Kody W. Cooper has this post about Justice Clarence Thomas at the “Law & Liberty” blog. Posted at 1:30 PM by Howard Bashman“The Militias Against Masks: Groups protesting lockdown measures see the coronavirus pandemic as a pretext for tyranny — and as an opportunity for spreading rage.” Luke Mogelson has this article in the August 24, 2020 issue of The New Yorker. Posted at 12:20 PM by Howard Bashman“Federal appeals court won’t let grand juror speak out on the investigation into Michael Brown’s death”: Robert Patrick of The St. Louis Post-Dispatch has this report. And Joe Harris of Courthouse News Service reports that “Eighth Circuit Rules Grand Juror Can’t Speak Out About Michael Brown Case.” You can access Friday’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 12:14 PM by Howard Bashman“D.C. Circuit Review — Reviewed: Year Six?” Aaron L. Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation. For the past 5+ years, Nielson has written a blog post at the end of each week summarizing the D.C. Circuit‘s rulings — while simultaneously offering lots of other relevant and interesting commentary. Sadly, the answer he has supplied to his current post’s title is “Nope!” Posted at 12:00 PM by Howard Bashman“Sixth Circuit Rules Ohio Chiropractors Must Wait 30 Days Before Soliciting Injured Drivers”: Kevin Koeninger of Courthouse News Service has this report. And Mary Anne Pazanowski of Bloomberg Law reports that “Ohio Chiropractors Lose Fight Against Direct Solicitation Rule” (subscription required for full access). You can access last Thursday’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Posted at 11:50 AM by Howard Bashman“Federal court rules all-male military draft is constitutional”: Lauren Meier of The Washington Times has this report. Rebecca Kheel of The Hill reports that “Federal appeals court rules male-only draft constitutional.” And in commentary, at his “Dorf on Law” blog, Michael C. Dorf has a post titled “Vertical Precedent in the Challenge to Male-Only Draft Registration (and Beyond).” You can access last Thursday’s per curiam ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 11:40 AM by Howard Bashman“Appeals court affirms federal death sentence for Kaboni Savage, notorious Philly drug kingpin”: Jeremy Roebuck of The Philadelphia Inquirer has this report. And Matt Miller of The Patriot-News of Harrisburg, Pennsylvania reports that “Murderous Pa. drug trafficker can’t escape his 13 federal death sentences, U.S. court rules.” You can access last week’s 201-page ruling of the U.S. Court of Appeals for the Third Circuit at this link. Posted at 11:22 AM by Howard Bashman“A court has ruled that Connecticut’s governor and public health commissioner have broad authority to force residents into involuntary medical quarantines”: Edmund H. Mahony of The Hartford Courant has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued Friday. Posted at 11:15 AM by Howard Bashman“CBS Beats Copyright Claims Over ‘Star Trek: Discovery.'” Blake Brittain of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Second Circuit issued today. Posted at 11:05 AM by Howard Bashman“Court throws out Tiffany’s judgment against Costco over fake ‘Tiffany’ rings”: Jonathan Stempel of Reuters has this report. And Blake Brittain of Bloomberg Law reports that “Tiffany’s $21 Million Trademark Award Against Costco Sent Back” (subscription required for full access). You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 11:00 AM by Howard Bashman“Federal court blocks Hillary Clinton deposition in watchdog lawsuit”: Alex Swoyer of The Washington Times has this report. Veronica Stracqualursi and Katelyn Polantz of CNN report that “Hillary Clinton doesn’t have to testify in lawsuit over her emails, appeals court rules.” Adam Shaw and Bill Mears of Fox News report that “Federal appeals court overturns order for Hillary Clinton to sit for deposition on private email use; Clinton has argued that she has already answered questions about the controversy.” Josh Gerstein of Politico reports that “Appeals court nixes Hillary Clinton deposition on emails; D.C. Circuit Judge Robert Wilkins suggested it was time to consign the Clinton email imbroglio to the history books.” And Harper Neidig of The Hill reports that “Appeals court blocks Hillary Clinton deposition on private email server.” You can access Friday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 10:33 AM by Howard Bashman“A College’s ‘Free Speech Areas’ Face Supreme Court Review; The justices will consider whether a student’s First Amendment lawsuit may proceed after a college in Georgia abandoned its restrictions”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times. Posted at 10:06 AM by Howard BashmanSunday, August 16, 2020
“Young conservative who clerked for Ginsburg nominated to the federal bench in Louisville”: Andrew Wolfson of The Courier Journal of Louisville, Kentucky has this report. And Dave Thompson of The Paducah Sun reports that “Paducah native nominated to federal judgeship.” Congratulations to “How Appealing” reader Benjamin Beaton, who has been nominated to fill the vacancy that will arise on the U.S. District Court for the Western District of Kentucky once U.S. District Judge Justin R. Walker joins the D.C. Circuit. Posted at 9:18 PM by Howard Bashman“Judge blocks enforcement of Fairness law against photographer who opposes same-sex weddings”: Andrew Wolfson of The Courier Journal of Louisville, Kentucky has this report on a ruling that U.S. District Judge Justin R. Walker (W.D. Ky.) issued Friday. Judge Walker was confirmed to serve on the U.S. Court of Appeals for the D.C. Circuit in June but has not yet received his judicial commission for that appellate judgeship. Posted at 7:35 PM by Howard Bashman“McKesson v. Doe — Searching for Clarity on Protesters’ Rights”: Tabatha Abu El-Haj recently had this guest post at the “Balkinization” blog, along with a related post titled “Our Best Bet — Legislating a Robust Right to Peaceably Assemble.” Posted at 2:04 PM by Howard Bashman“Another Intra-Circuit Conflict on Cumulative Finality; A recent First Circuit decision adds to the list of circuits with inconsistent law on when subsequent events save a premature notice of appeal”: Bryan Lammon has this post at his “final decisions” blog. Posted at 2:00 PM by Howard Bashman“The Constitutionality of a Federal Mask Mandate, Part II: Can Congress mandate that people in many (most) places wear masks?” Josh Blackman has this post at “The Volokh Conspiracy.” Posted at 1:55 PM by Howard Bashman“The constitutionality of a federal mask mandate”: Jack Balkin has this post at his “Balkinization” blog. Posted at 11:40 AM by Howard Bashman“Trump Defying Court on DACA, Title VII Rulings”: Kenneth Jost has this post at his “Jost on Justice” blog. Posted at 11:38 AM by Howard Bashman“Lawyers and Historians Argue About the Constitution”: Law professor Jack M. Balkin has posted this article on SSRN. Posted at 11:12 AM by Howard BashmanSaturday, August 15, 2020
“What do Boston Marathon bombing survivors want federal prosecutors to do next?” David Abel, Laura Crimaldi, and Steve Annear of The Boston Globe have this report. And the newspaper has posted online a related item headlined “‘We just don’t want to hear from him ever again’: Dzhokhar Tsarnaev’s death sentence was vacated July 31; Hear what Boston Marathon bombing survivors and victims’ family members had to say in the wake of that court decision.” Posted at 8:22 PM by Howard Bashman“All the President’s Papers”: Law professor Jonathan H. Adler has posted this article on SSRN. He also has this related post at “The Volokh Conspiracy.” Posted at 1:12 PM by Howard Bashman“Fractured Opinions, Stare Decisis, and Reproductive Rights; An 8th Circuit panel makes a hash out of the interpretation of the fractured opinions in SCOTUS’ recent June Medical decision”: David Post has this post at “The Volokh Conspiracy.” Posted at 1:00 PM by Howard Bashman“Which Textualism?” Law professor Tara Leigh Grove has posted this Comment on SSRN. Posted at 12:15 PM by Howard BashmanFriday, August 14, 2020
“Justice Dept. Says Yale Discriminates. Here’s What Students Think. The Trump administration’s charge that the university discriminates against Asian-American applicants was disputed by many Asian-American students and others.” Anemona Hartocollis and Giulia McDonnell Nieto del Rio of The New York Times have this report. Posted at 10:04 PM by Howard Bashman“Heritage Act case pushed to SC Supreme Court by state Attorney General Wilson”: Gregory Yee of The Post and Courier of Charleston, South Carolina has an article that begins, “The S.C. Attorney General’s Office has asked the state’s highest court to rule on whether the Heritage Act protecting Confederate memorials is constitutional.” Posted at 8:24 PM by Howard Bashman“Jimcy McGirt, subject of Creek reservation ruling, now in federal custody”: Chris Casteel of The Oklahoman has an article that begins, “The federal government on Wednesday took custody of Jimcy McGirt, whose successful appeal to the U.S. Supreme Court has begun to reshape the criminal justice system in eastern Oklahoma.” Posted at 8:17 PM by Howard Bashman |
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