How Appealing



Wednesday, February 24, 2021

“Supreme Court Weighs Limits of ‘Hot Pursuit’ by Police; The court has said that the police need no warrants to enter the homes of fleeing felons; Does that exception also apply to people suspected of minor crimes?” Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court considers giving police greater powers when pursuing suspects.”

David G. Savage of The Los Angeles Times reports that “Supreme Court divided on case of California motorist pursued by CHP into his home.”

Bob Egelko of The San Francisco Chronicle reports that “U.S. Supreme Court appears tilted toward allowing some searches without warrants.”

Alex Swoyer of The Washington Times reports that “Supreme Court hears California DUI case pitting the Fourth Amendment against public safety.”

Jessica Gresko of The Associated Press reports that “High court inclined to expand warrantless entry into homes.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court weighs scope of police power to enter homes without a warrant.”

Jordan S. Rubin of Bloomberg Law reports that “Justices Probe Line on Home Protections in ‘Hot Pursuit’ Case.”

John Kruzel of The Hill reports that “Supreme Court weighs police power to conduct warrantless searches.”

Samantha Hawkins of Courthouse News Service reports that “High Court Grapples With Need for Warrant After Errant Horn Honk; Officials and civil rights experts are divided as to whether police can enter a home without a warrant, regardless of the offense, while in hot pursuit.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “SCOTUS Hears Case On Whether Police Can Enter Homes For Misdemeanors Without Warrants.”

You can access via this link the audio and transcript of today’s U.S. Supreme Court oral argument in Lange v. California, No. 20-18.

Posted at 7:35 PM by Howard Bashman



“Congress Dives Into National Paucity of Federal Judges; Justice delayed is justice denied, a bipartisan group of lawmakers agreed Wednesday while considering the excessive caseloads that plague judges across the United States, particularly in the Ninth Circuit”: Brandi Buchman of Courthouse News Service has this report on a hearing (access the YouTube video via this link) that the House Judiciary Committee‘s Subcommittee on Courts, Intellectual Property, and the Internet held this morning.

Law professor Brian T. Fitzpatrick spoke about adding new judgeships to the federal appellate courts (access the video here), while seated next to a roaring fireplace. He advocated for restructuring the Ninth Circuit, contending that its newly achieved partisan balance makes that outcome more likely now.

Law professor Marin K. Levy also testified on this subject (access the video of her opening statement here).

Posted at 5:30 PM by Howard Bashman



“Florida Supreme Court authorizes virtual criminal jury trials; No virtual trials have been scheduled in Tampa Bay area courtrooms, officials said”: Kathryn Varn of The Tampa Bay Times has this report.

Posted at 5:18 PM by Howard Bashman



“Supreme Court wrestles with when police may conduct warrantless searches after a chase”: John Fritze of USA Today has this report.

Posted at 1:09 PM by Howard Bashman



“Lawsuit against comedian Kathy Griffin by Covington Catholic students dismissed”: Quinlan Bentley of The Cincinnati Enquirer has this report.

And Kevin Koeninger of Courthouse News Service reports that “Kathy Griffin Cleared in Case Brought by Covington Catholic Students; Kentucky’s long-arm statute does not allow students to bring harassment claims against comedian Kathy Griffin and a New York doctor for tweets sent in the aftermath of a viral Washington Monument standoff.”

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

Posted at 11:07 AM by Howard Bashman



Tuesday, February 23, 2021

“Appeals court tosses $44.7 million verdict in shooting by off-duty Chicago cop, says city can’t be held liable”: Jason Meisner and Stacy St. Clair of The Chicago Tribune have this report.

And Jon Seidel of The Chicago Sun-Times reports that “Federal appeals court tosses $44.7M judgment against city in shooting that left man severely disabled; A jury in 2017 found that onetime Chicago Police Officer Patrick Kelly shot his friend, Michael LaPorta, while off-duty; But the 7th U.S. Circuit Court of Appeals said Kelly ‘was not acting as a Chicago police officer but as a private citizen’ when LaPorta was shot.”

You can access today’s ruling of a unanimous two-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 7:16 PM by Howard Bashman



“Her Husband Got Covid-19. She’s Suing His Employer. The California lawsuit argues that the virus is akin to on-the-job toxins like asbestos.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 6:53 PM by Howard Bashman



“Federalism Shows Its Age Fighting Covid-19, Climate Change; A system designed for 13 former British colonies may no longer be enough for the challenges facing the U.S.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 6:46 PM by Howard Bashman



“The Supreme Court is about to hear two cases that could destroy what remains of the Voting Rights Act; A 6-3 Republican Court will hear one of the most aggressive attacks on voting rights since Jim Crow”: Ian Millhiser has this essay online at Vox.

Posted at 6:38 PM by Howard Bashman



“The 12th Amendment’s Dangerous Defect: What if it had been up to Congress to choose the president Jan. 6?” John Steele Gordon has this op-ed in today’s edition of The Wall Street Journal.

Posted at 6:32 PM by Howard Bashman



“Chuck Grassley unapologetic about blocking Merrick Garland from U.S. Supreme Court”: Bart Jansen of USA Today has this report.

Posted at 1:56 PM by Howard Bashman



“Justice Department asks Supreme Court to cancel argument in case on Trump’s Medicaid work requirements; The Trump administration had approved plans by two states to deny coverage to poor people unless they were working, volunteering, or training for a job”: Pete Williams of NBC News has this report.

Posted at 1:54 PM by Howard Bashman



“Supreme Court to debate whether misdemeanors can be a foot in the door for warrantless home search”: John Fritze of USA Today has this report.

Posted at 1:52 PM by Howard Bashman



“New Cert Petition on ‘Appealing’ Summary-Judgment Denials; A new cert petition asks if a denied summary-judgment motion preserves purely legal issues for appeal”: Bryan Lammon has this post at his “final decisions” blog. See also this related post of mine from earlier today.

Posted at 1:46 PM by Howard Bashman



“The Court Won’t End Election Anarchy; The Justices demur on a case over Pennsylvania’s 10,000 late ballots”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 1:14 PM by Howard Bashman



“Are You Still a Person if You’re Dead? DNA Court Case May Answer.” Jordan S. Rubin of Bloomberg Law has a report that begins, “Powerhouse attorney Paul Clement is pressing a Tennessee court for DNA testing to prove a man’s innocence in a potential history-making case that could turn on a single word.”

Posted at 10:54 AM by Howard Bashman



The question is moot: So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit yesterday, in an opinion by Circuit Judge Frank H. Easterbrook, refusing to reach the merits of a challenge to the ballot signature requirements for candidates seeking election to the Supreme Court of Illinois.

In earlier news coverage, John Seasly of Injustice Watch reported that “Clint Krislov will likely be removed from state Supreme Court race.”

Posted at 9:58 AM by Howard Bashman



Monday, February 22, 2021

“Clarence Thomas Promotes Trump’s Voter Fraud Lies in Alarming Dissent; Even the ‘appearance of corruption’ is enough to justify voter suppression laws, according to the Supreme Court justice”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 10:25 PM by Howard Bashman