How Appealing



Thursday, December 31, 2020

“My Joe Biden Story: In a career as a journalist, I had never encountered a politician like him.” Linda Greenhouse has this essay online at The New York Times.

Posted at 11:35 PM by Howard Bashman



“Vice President Pence seeks rejection of lawsuit that aimed to expand his power to overturn the presidential election”: John Wagner and Rosalind S. Helderman of The Washington Post have this report.

Sadie Gurman of The Wall Street Journal reports that “Pence Seeks to Dismiss GOP Lawsuit Aiming to Let Him Overturn Election; Justice Department called Texas Rep. Louie Gohmert’s suit a ‘walking legal contradiction.’

Kyle Cheney and Josh Gerstein of Politico report that “Pence urges court to throw out lawsuit aiming to help him overturn 2020 election results; The suit was aimed at throwing out the rules of a Jan. 6 session of Congress — with Vice President Mike Pence presiding — intended to certify President-elect Joe Biden’s victory.”

And John Kruzel of The Hill reports that “Pence asks judge to toss GOP lawmaker’s bid to overturn election results.”

You can access at this link the brief that the U.S. Department of Justice filed today in the case.

Posted at 7:09 PM by Howard Bashman



Access Chief Justice John G. Roberts’s “2020 Year-End Report on the Federal Judiciary”: At this link.

In news coverage, Adam Liptak of The New York Times reports that “Chief Justice Praises the Courts’ Responses to the Pandemic; In a year that included an impeachment trial, the death of a colleague and the arrival of a new one, Chief Justice John G. Roberts Jr.’s year-end report focused on the health crisis.”

Robert Barnes of The Washington Post reports that “Chief Justice Roberts, in year-end report, thanks judiciary for performance during pandemic.”

Jess Bravin of The Wall Street Journal reports that “Chief Justice John Roberts Lauds Courts’ Pandemic Response in Year-End Message; Case filings have fallen in most categories beginning in March, according to report on federal judiciary.”

Richard Wolf of USA Today reports that “Amid election turmoil caused by Trump, Chief Justice Roberts lauds judiciary for pandemic response.”

And Jessica Gresko of The Associated Press reports that “Chief justice praises work of federal courts during COVID-19.”

Posted at 6:38 PM by Howard Bashman



“In Memoriam: A Tribute to the Judicial Minds We Lost This Year.” Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 4:34 PM by Howard Bashman



“State Supreme Court upholds Lamont’s authority to close businesses through COVID emergency orders”: Edmund H. Mahony of The Hartford Courant has this report.

Posted at 1:46 PM by Howard Bashman



Wednesday, December 30, 2020

“Minnesota Supreme Court: ‘Revenge porn’ not protected free speech; The Minnesota Supreme Court ruled that the law is narrowly written to avoid violating other speech.” Chao Xiong of The Minneapolis Star Tribune has this report.

And Andy Monserud of Courthouse News Service has a report headlined “Rejecting Free-Speech Argument, Minnesota Justices Uphold Revenge Porn Law.”

You can access today’s ruling of the Supreme Court of Minnesota at this link.

Posted at 8:02 PM by Howard Bashman



“Nevada Supreme Court’s pending case backlog at lowest level in years”: Riley Snyder of The Nevada Independent has this report.

Posted at 5:40 PM by Howard Bashman



“The Florida Supreme Court Is Radically Reshaping Death Penalty Law; The newly conservative court has overturned decades of precedent that provided a check on unconstitutional death sentences”: Jordan Smith has this report online at The Intercept.

Posted at 5:38 PM by Howard Bashman



“Anchorage House election decided by 11 votes heads to Alaska Supreme Court”: James Brooks of The Anchorage Daily News has this report.

Posted at 5:32 PM by Howard Bashman



“‘Unconscionable’: Is Kansan Lisa Montgomery the kind of person who should be executed?” The Kansas City Star has published this editorial.

Posted at 5:27 PM by Howard Bashman



“California voters failed to repeal ban on affirmative action. What signal does that send the rest of the nation?” Elinor Aspegren of USA Today has this report.

Posted at 5:24 PM by Howard Bashman



“Biden’s Team Tells Senate Democrats To Send Him Judicial Nominees ASAP; The president-elect wants recommendations for all existing district court vacancies by Jan. 19, says his incoming White House counsel”: Jennifer Bendery of HuffPost has this report.

Posted at 4:30 PM by Howard Bashman



“Meet the Three Texas Judges Trump Named to the Fifth Circuit: Young and ideologically aggressive, James Ho, Andrew Oldham, and Don Willett are already making their mark on the nation’s most conservative appellate court.” Michael Hardy of Texas Monthly has this report.

Posted at 3:18 PM by Howard Bashman



Plaintiffs lost their pretrial objection to exclude certain evidence at trial. Plaintiffs then introduced that evidence in their case-in-chief. Have plaintiffs waived their objection to the district court’s order admitting the evidence? Today, a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued this decision, with the majority finding waiver, while the dissent disagrees.

Posted at 2:08 PM by Howard Bashman



“Federal appeals court allows Gabriel Taye wrongful death lawsuit against CPS to go to trial”: Quinlan Bentley of The Cincinnati Enquirer has this report.

Jackie Salo of The New York Post reports that “Parents of bullied 8-year-old who died of suicide can sue school district, court rules.”

Dan Sewell of The Associated Press has a report headlined “Court: Parents of child who killed himself can sue educators.”

And Bradford Betz of Fox News reports that “Ohio parents of boy who killed himself over bullying can sue educators, court rules; Gabriel Taye’s parents say school officials either misrepresented bullying attacks or failed to inform them.”

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

Posted at 1:50 PM by Howard Bashman



“Court upholds bribery conviction of Chinese exec Patrick Ho linked to Hunter Biden”: Mark Moore of The New York Post has this report.

Esha Ray of The New York Daily News reports that “Conviction upheld for Hong Kong businessman who bribed African presidents for his oil company.”

And Larry Neumeister of The Associated Press reports that “Appeals court upholds conviction of Hong Kong businessman.”

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

Posted at 1:40 PM by Howard Bashman



“Appellate Court Rules Minority Party in House Can Demand Records; Judicial decision, sought by Democrats in 2017, could boost GOP oversight of Biden administration”: Byron Tau of The Wall Street Journal has this report.

Christian Berthelsen and Edvard Pettersson of Bloomberg News report that “Ruling for Minority Subpoena Power Aids Both Sides Next Year.”

Josh Gerstein and Kyle Cheney of Politico report that “Appeals court backs subpoena-like power for minority in House; The D.C. Circuit ruled, 2-1, in favor of lawmakers demanding federal records about the Trump International Hotel.”

Harper Neidig of The Hill reports that “Appeals court rules congressional minority has standing to enforce investigative demands.”

And Brad Kutner of Courthouse News Service reports that “DC Circuit Revives Bid by Democrats to Get Trump Hotel Lease Records.”

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

Posted at 1:30 PM by Howard Bashman



“Health-Costs Transparency Rule for Hospitals Upheld on Appeal; Federal appeals court turns back suit from hospital group arguing providers couldn’t legally be compelled to disclose rates negotiated in secret with insurers”: Michelle Hackman of The Wall Street Journal has this report.

And Jonathan Stempel of Reuters reports that “U.S. appeals court upholds Trump health care price disclosure rule.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Attorney Lisa S. Blatt argued the appeal on behalf of the challengers to the rule.

Posted at 1:18 PM by Howard Bashman



“How a veteran sketch artist offers a peek into oral arguments in the work-from-home era”: Katie Barlow and James Romoser have this post at “SCOTUSblog.”

Posted at 12:50 PM by Howard Bashman



Tuesday, December 29, 2020

“Trump allies launch desperate final efforts ahead of congressional confirmation of Biden win”: Rosalind S. Helderman and Tom Hamburger of The Washington Post have this report.

Posted at 10:24 PM by Howard Bashman



“How Richard Jewell’s Lawyer Became a Pro-Trump Conspiracy Theorist; The defamation lawyer L. Lin Wood has transformed into a fierce advocate for President Trump whose error-riddled lawsuits have promoted falsehoods about election fraud”: Jeremy W. Peters and Alan Feuer of The New York Times have this report.

Posted at 10:02 PM by Howard Bashman



“Will Pence Do the Right Thing? On Jan. 6, the vice president will preside as Congress counts the Electoral College’s votes. Let’s hope that he doesn’t do the unthinkable — and unconstitutional.” Law professor Neal K. Katyal and John Monsky have this essay online at The New York Times.

Posted at 8:17 PM by Howard Bashman



“Senior Status Upon Confirmation: The Way of the Future?” Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 1:03 PM by Howard Bashman



“Religion, Abortion, Guns And Race. Just The Start Of A New Supreme Court Menu.” Nina Totenberg had this audio segment on today’s edition of NPR’s “Morning Edition.”

Posted at 9:55 AM by Howard Bashman



“Manhattan appeals court blocks Cuomo’s limits on religious gatherings”: Rebecca Rosenberg and Tamar Lapin of The New York Post have this report.

Jonathan Stempel of Reuters reports that “U.S. appeals court blocks NY governor’s limits on religious gatherings.”

And Brittany De Lea of Fox News reports that “Court whittles Gov. Andrew Cuomo’s coronavirus restrictions away; Religious groups in New York won challenges to caps on in-person attendance at houses of worship.”

You can access yesterday’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 9:54 AM by Howard Bashman