How Appealing



Friday, March 5, 2021

“10th Circuit Backs Out of Opening Phase of Fight Over Bump Stock Ban; The court’s about-face on an en banc rehearing of a preliminary injunction denial means a Utah man must give up his bump stock while his challenge of the ban goes through the courts”: Amanda Pampuro of Courthouse News Service has this report.

You can access today’s 6-to-5 order of the U.S. Court of Appeals for the Tenth Circuit, deciding that rehearing en banc had been improvidently granted, and the four dissents therefrom at this link.

Posted at 9:38 PM by Howard Bashman



“Biden administration sides against cheerleader in First Amendment case”: Alex Swoyer of The Washington Times has this report.

Posted at 9:18 PM by Howard Bashman



“Supreme Court Dismisses Sanctuary-City Cases; Move follows Biden administration request to end appeals linked to Trump-era policies”: Jess Bravin of The Wall Street Journal has this report.

Posted at 9:12 PM by Howard Bashman



“You Were Duped Into Saying Yes. Is That Still Consent? Legal scholars have long debated this question. Recent psychological studies shed new light.” Law professor Roseanna Sommers has this essay online at The New York Times.

Posted at 6:51 PM by Howard Bashman



“Giuliani probe awaits Garland as he nears AG confirmation”: Jim Mustian, Eric Tucker, and Michael Balsamo of The Associated Press have this report.

Posted at 6:45 PM by Howard Bashman



“Federal judge says states acted too late to ratify Equal Rights Amendment; Three states had argued that the Constitution does not give Congress any power to set a time limit on the ratification process”: Pete Williams of NBC News has this report on a ruling that the U.S. District Court for the District of Columbia issued today.

Update: In other coverage, Stephen Dinan of The Washington Times reports that “Federal court rejects attempt to revive Equal Rights Amendment.”

Posted at 6:35 PM by Howard Bashman



Fulton and the Limits of Acceptable Speech; By forbidding CSS from placing children in foster homes, Philadelphia quashes any vestiges of reasonable pluralism on the meaning of marriage”: Kody W. Cooper has this post at the “Law & Liberty” blog.

Posted at 9:52 AM by Howard Bashman



“Environmentalists Fight for Local Control of Railroads in Columbia River Gorge; The Ninth Circuit will decide if local zoning rules should govern an already-completed railroad expansion in the Columbia River Gorge”: June Williams of Courthouse News Service has this report on an oral argument (video link via YouTube) that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit presided over yesterday.

Posted at 9:42 AM by Howard Bashman



“Are Clean Rivers Too Expensive? Ninth Circuit Will Decide; Pollution threatens to make Montana’s rivers unfishable and unswimmable; Yet the EPA found the state doesn’t have to clean them up because doing so would be too expensive.” Karina Brown of Courthouse News Service has this report on an oral argument (video link via YouTube) that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit presided over yesterday.

Posted at 9:35 AM by Howard Bashman



“Lawyer and Chevron critic Donziger’s civil contempt finding mostly upheld; fees and sanctions vacated”: Jonathan Stempel of Reuters has this report (subscription required for full access).

And Maya Earls of Bloomberg Law reports that “Chevron’s $660,000 Sanction Award Against Donziger Nixed on Appeal” (subscription required for full access).

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

Posted at 9:25 AM by Howard Bashman



“The Wayfair Case and Covid Sparked a State Sales Tax Bonanza; A boom in online commerce and a favorable court decision combine to fill depleted treasuries”: Danielle Moran of Bloomberg Businessweek has this report.

Posted at 9:10 AM by Howard Bashman



“Shareholder bar turns out in force at SCOTUS to back pension fund suing Goldman”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:08 AM by Howard Bashman



“Justice Department asks Supreme Court to dismiss ‘sanctuary city’ immigration suits; In a letter seeking to end the suits, the Justice Department indicated it will stop pressuring cities to turn over information about noncitizens”: Pete Williams of NBC News has this report.

Posted at 9:02 AM by Howard Bashman