How Appealing



Monday, September 28, 2020

“Californian’s Murder Conviction Tossed Over Prosecutor’s Remarks”: David McAfee of Bloomberg Law has a report (subscription required for full access) that begins, “A California man got his first-degree murder conviction tossed by a split panel of the Ninth Circuit Monday after it found a prosecutor violated his due process by telling the jury the presumption of innocence didn’t apply.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 9:40 PM by Howard Bashman



“Court sides with House Democrats in challenge to Trump’s border wall spending”: Ann E. Marimow of The Washington Post has this report.

Charlie Savage of The New York Times reports that “Appeals Court Permits House to Sue Over Trump’s Border Wall Spending; A panel ruled that the House had standing to pursue a constitutional lawsuit over the president’s move to spend more money on a wall than Congress had approved.”

Stephen Dinan of The Washington Times reports that “Court rules Congress can sue over Trump’s border wall funding switch.”

Jan Wolfe of Reuters reports that “U.S. court lets House move forward with challenge to Trump’s border wall.”

David Yaffe-Bellany of Bloomberg News reports that “House Suit Over Trump Border Wall Funding Revived by Court.”

Geneva Sands and Ryan Browne of CNN report that “Federal appeals court gives border wall spending lawsuit another chance.”

J. Edward Moreno of The Hill reports that “Appeals court revives House lawsuit against Trump border wall.”

And Brandi Buchman of Courthouse News Service reports that “House Suit Over Trump ‘Emergency’ to Fund Border Wall Gets New Life.”

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

Posted at 9:14 PM by Howard Bashman



“Courts view GOP fraud claims skeptically as Democrats score key legal victories over mail voting”: Elise Viebeck of The Washington Post has this report.

Posted at 8:52 PM by Howard Bashman



“Supreme Court Nominee Barrett Prepares to Meet Senators; The confirmation process cranked into motion on Capitol Hill as the Senate Judiciary Committee began scrubbing Judge Amy Coney Barrett’s background”: Nicholas Fandos of The New York Times has this report.

Posted at 8:50 PM by Howard Bashman



“Supreme Court Patent Law 2020: Long Conference Preview.” Dennis Crouch has this post at his “Patently-O” blog.

Posted at 8:42 PM by Howard Bashman



“Court cuts police excessive force verdict 75%, to $50,000”: Ed White of The Associated Press has a report that begins, “A federal appeals court on Friday reduced a $200,000 verdict to no more than $50,000 in an excessive force case against a Detroit-area police officer.” At issue was the amount of punitive damages that a $1 award of nominal compensatory damages could support.

You can access Friday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 8:35 PM by Howard Bashman



“Amy Coney Barrett and the New, Old Anti-Catholicism; Critics of Trump’s Supreme Court nominee argue that pious Catholics are a problem for liberalism; They have a point”: Columnist Elizabeth Bruenig had this essay in the Sunday Review section of yesterday’s edition of The New York Times.

Posted at 8:24 PM by Howard Bashman



“Freeing Purcell from the Shadows”: At the “Take Care” blog, Nicholas Stephanopoulos has a post that begins, “Supreme Court observers have begun to pay more attention to the Court’s ‘shadow docket’: disputes the Court resolves summarily, without the usual briefing, argument, explanations, or even indications how each Justice voted.”

Posted at 8:20 PM by Howard Bashman



“Biden, fellow Democrats focus on healthcare in Supreme Court fight”: Lawrence Hurley and Steve Holland of Reuters have this report.

Posted at 8:00 PM by Howard Bashman



“How Amy Coney Barrett’s Religious Group Helped Shape a City; The People of Praise isn’t well-understood by outsiders, but its influence — and social conservatism — run deeply through this Indiana city”: Adam Wren has this article online at Politico Magazine.

Posted at 7:54 PM by Howard Bashman



“A Judgment That Is Not Appealable (Or a Judgment); Sometimes a ‘judgment’ is not really a judgment, like when the district court has not yet issued a declaration of the parties’ rights”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 7:52 PM by Howard Bashman



“When Judges Disagree — Judge Amy Coney Barrett’s Concurrences and Dissents”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 7:50 PM by Howard Bashman



“Amy Coney Barrett, Supreme Court nominee, spoke at program founded to inspire a ‘distinctly Christian worldview in every area of law'”: Emma Brown and Jon Swaine have this front page article in today’s edition of The Washington Post.

Posted at 7:48 PM by Howard Bashman



“Clarence Thomas should recuse himself if the Supreme Court has to decide the election”: Columnist Colbert I. King has this essay online at The Washington Post.

Posted at 7:44 PM by Howard Bashman



“The Importance of Amy Coney Barrett; The Judge can solidify an originalist majority on the High Court”: Today’s edition of The Wall Street Journal contains this editorial.

Posted at 7:40 PM by Howard Bashman



“McConnell Plan to Fill Supreme Court Seat Carries Electoral Risks, Rewards; The GOP leader has long prioritized confirming conservative judges, but the verdict is out on whether his strategy will help the party keep Senate control”: Lindsay Wise of The Wall Street Journal has this report.

Posted at 7:38 PM by Howard Bashman



“There’s Room for Surprises From Amy Coney Barrett; It’s easy to predict voting patterns of Supreme Court justices, but hard to forecast how they’ll choose sides in specific cases”: Law professor Cass R. Sunstein has this essay online at Bloomberg Opinion.

Posted at 7:28 PM by Howard Bashman



“Winning the Court, Losing the Constitution; The circumstances surrounding the Supreme Court vacancy demonstrate that many have rejected ‘the immutable fairness of following the law'”: John G. Grove has this post at the “Law & Liberty” blog.

Posted at 7:26 PM by Howard Bashman



“Republicans Are Moving Judge Amy Coney Barrett’s Nomination Faster Than Any Supreme Court Nominee Since 1975; Republicans have scheduled a hearing for Judge Amy Coney Barrett for Oct. 12, just over two weeks after Trump announced her nomination”: Zoe Tillman of BuzzFeed News has this report.

Posted at 7:08 PM by Howard Bashman



“There Should Be No Doubt Why Trump Nominated Amy Coney Barrett”: Jeffrey Toobin has this post online at The New Yorker.

Posted at 7:02 PM by Howard Bashman



“Amy Coney Barrett: A Dream For The Right, Nightmare For The Left.” Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 6:58 PM by Howard Bashman



“Barrett’s Husband Faces Career Quandary After Top Court Pick”: Chris Opfer and Roy Strom of Bloomberg Law have this report.

Posted at 6:56 PM by Howard Bashman



“The GOP’s ObamaCare Self-Sabotage; Judge Barrett and the Supreme Court won’t vote to overturn the health law”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 6:53 PM by Howard Bashman