How Appealing



Tuesday, December 8, 2020

“Supreme Court Struggles to Apply Robocall Ban in Facebook Case”: Greg Stohr of Bloomberg News has this report.

Marcia Coyle of The National Law Journal reports that “Justice Scalia’s Writing Partner Wields Their Book in Debut Supreme Court Argument.”

Jack Rodgers of Courthouse News Service reports that “Justices Struggle to Measure Facebook Texts Against Outdated Spam Law.”

Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post titled “Justices chafe at interpreting ‘anachronistic’ TCPA in Facebook unwanted texts case.”

And at Law & Crime, Elura Nanos has a post titled “Supreme Court Justices Appeared Dazzled by Legal Celebrity at Oral Arguments in Robocall Case Against Facebook.”

You can access via this link the audio and transcript of today’s U.S. Supreme Court oral argument in Facebook, Inc. v. Duguid, No. 19-511.

Posted at 9:02 PM by Howard Bashman



“Bolch Institute | Judgment Calls: A Conversation with Judge Andrew Oldham.” Duke University School of Law has posted this video on YouTube.

Posted at 8:34 PM by Howard Bashman



“Trump’s legacy on courts still building in waning days of presidency; Senate Judiciary Committee to vote on three more lower trial court nominees, including one to replace Amy Coney Barrett”: Fred Lucas of Fox News has this report.

Posted at 8:03 PM by Howard Bashman



“The $124 billion Supreme Court case that could throw the housing market into turmoil, explained; Collins v. Mnuchin is an early test of just how much chaos the Supreme Court’s new majority is willing to impose on the government”: Ian Millhiser has this essay online at Vox.

Posted at 7:30 PM by Howard Bashman



“Raimondo names Melissa Long, Erin Lynch-Prata to RI Supreme Court; The governor made Rhode Island history with three nominations that would raise Black, Latina and Asian-American women into coveted posts”: Katie Mulvaney of The Providence Journal has this report.

And Amanda Milkovits and Edward Fitzpatrick of The Boston Globe report that “Rhode Island Supreme Court could be majority women for the first time in history; Governor Raimondo nominated a diverse slate of judges to several courts on Tuesday, including the first Latina to the Family Court and the first Asian-American woman to the Superior Court.”

Posted at 7:26 PM by Howard Bashman



“Supreme Court denies Trump allies’ bid to overturn Pennsylvania election results”: Robert Barnes of The Washington Post has this report.

Jeremy Roebuck of The Philadelphia Inquirer reports that “U.S. Supreme Court rejects GOP congressman’s last-minute effort to upend Pennsylvania’s election results.”

Adam Liptak of The New York Times reports that “Supreme Court Rejects Republican Challenge to Pennsylvania Vote; In a one-sentence order, the court refused to overturn election results that had already been certified and submitted.”

Brent Kendall of The Wall Street Journal reports that “Supreme Court Denies Long-Shot Republican Bid to Block Pennsylvania Election Results for Joe Biden.”

Richard Wolf of USA Today reports that “Supreme Court refuses to hear Trump allies’ challenge to Pennsylvania election.”

Alex Swoyer of The Washington Times reports that “Supreme Court bucks Pennsylvania election challenge.”

And Ariane de Vogue of CNN reports that “Supreme Court rejects Pennsylvania Republicans’ attempt to block Biden victory.”

You can view today’s order of the U.S. Supreme Court at this link.

Posted at 5:07 PM by Howard Bashman



“In this 42 U.S.C. §1983 action, Plaintiffs — three individuals who protest against abortion — challenge Norman, Oklahoma’s disturbing-the-peace ordinance, on its face and as the City has applied it to them.” So begins an opinion that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.

The unanimous three-judge panel affirmed the district court’s denial of a preliminary injunction because the plaintiffs “failed to show that they are substantially likely to succeed on the merits of their claims.”

Posted at 2:02 PM by Howard Bashman



Access the video of yesterday’s Ninth Circuit oral argument in Perry v. Hollingsworth: On YouTube via this link, in which the advocates argue over access to videotapes of the federal district court proceedings in the case.

Posted at 1:53 PM by Howard Bashman



“Appeals court: Mississippi school lawsuit may go forward.” Emily Wagster Pettus of The Associated Press has a report that begins, “A federal appeals court has affirmed that Mississippi parents may pursue a lawsuit that says the state allows grave disparities in funding between predominantly Black and predominantly white schools.”

You can access yesterday’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc by a vote of 8 in favor to 9 against, and the dissent therefrom, at this link.

Posted at 1:40 PM by Howard Bashman



“Texas asks SCOTUS to throw out Pa.’s election results as Democratic officials press for an end to ‘frivolous’ GOP litigation”: Jeremy Roebuck of The Philadelphia Inquirer has this report.

You can view the Motion for Leave to File Bill of Complaint that the State of Texas filed today in the U.S. Supreme Court at this link.

Posted at 12:00 PM by Howard Bashman



“Republican Sen. Pat Toomey calls Trump’s campaign to overturn Pennsylvania election ‘completely unacceptable'”: Jonathan Tamari of The Philadelphia Inquirer has an article that begins, “Sen. Pat Toomey said Tuesday that it’s ‘completely unacceptable’ for President Donald Trump to pressure state lawmakers to overturn Pennsylvania’s election result, a rare rebuke from a Republican elected official as Trump continues his effort to subvert the will of the voters.”

Posted at 11:26 AM by Howard Bashman