How Appealing



Friday, August 6, 2021

“Rehnquist’s Reservations and the Future of Roe; Justice Rehnquist’s dissent provides a possible roadmap for the Supreme Court in Dobbs v. Jackson Women’s Health Organization“: Richard W. Garnett has this post at the “Law & Liberty” blog.

Posted at 8:42 PM by Howard Bashman



“Can the Ivy League continue to ban athletic scholarships? A Supreme Court ruling has some wondering. Two Penn grads, both attorneys, wrote to the league connecting the ban on scholarships to a denial of education-related benefits.” Mike Jensen of The Philadelphia Inquirer has this report.

Posted at 8:32 PM by Howard Bashman



“Covid-19 Threatens to Blow Up Law Firms’ Intense Office Culture — for Good; Lawyers have spent more time in the office than many other professionals during the pandemic; Now they’re demanding more work from home”: Te-Ping Chen will have this article in Saturday’s edition of The Wall Street Journal.

Posted at 7:58 PM by Howard Bashman



“Why I’m Suing Over My Employer’s Vaccine Mandate: I have natural immunity, so there’s no justification for a coercive violation of my bodily autonomy.” Law professor Todd Zywicki will have this op-ed in Saturday’s edition of The Wall Street Journal.

Posted at 7:53 PM by Howard Bashman



“Georgia Supreme Court returns to remote hearings amid COVID-19 surge”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “With delta variant COVID-19 cases surging, the Georgia Supreme Court has scrapped plans to have in-person oral arguments later this month. Instead, the court’s arguments scheduled for Aug. 24-26 will be conducted remotely.”

You can view yesterday’s announcement of the Supreme Court of Georgia at this link.

Posted at 4:00 PM by Howard Bashman



“Oklahoma attorney general urges Supreme Court to overturn McGirt”: Chris Casteel of The Oklahoman has this report. Kannon K. Shanmugam appears as counsel of record for Oklahoma on the cert. petition.

In related coverage, Chris Casteel of The Oklahoman also has an article headlined “Patrick Dwayne Murphy, whose case led to McGirt decision, found guilty in federal court.”

In today’s edition of The Tulsa World, Curtis Killman has a front page article headlined “One of first cases overturned on tribal jurisdiction grounds results in federal conviction.”

And Sean Murphy of The Associated Press reports that “Man whose case led to landmark ruling reconvicted by feds.”

Posted at 3:11 PM by Howard Bashman



Access online the contents of the new issue of the Journal of Appellate Practice and Process: Via this link.

According to the email I received, “[t]his double-length special issue is dedicated to what lawyers and judges can do to help ease our country’s deep divisions along racial, ethnic, religious, political, and socio-economic lines.”

Posted at 2:54 PM by Howard Bashman



“Biden told White House chief to seek Harvard legal scholar’s guidance, leading to reversal on evictions; Ron Klain consulted with Laurence Tribe about the legality of a new eviction moratorium, helping to bring about a dramatic White House pivot”: Jeff Stein has this article in today’s edition of The Washington Post.

Posted at 12:34 PM by Howard Bashman



Thursday, August 5, 2021

“Tennessee’s 48-hour abortion waiting period upheld by full U.S. 6th Circuit Court of Appeals”: Mariah Timms of The Tennessean has this report.

Alex Swoyer of The Washington Times reports that “Federal appeals court upholds Tennessee law requiring 48-hour wait before abortions.”

Kimberlee Kruesi of The Associated Press reports that “Appeals court upholds Tennessee’s abortion waiting-period.”

Brendan Pierson of Reuters reports that “Tennessee can enforce abortion waiting-period law, 6th Circuit rules.”

And Kevin Koeninger of Courthouse News Service reports that “Full Sixth Circuit upholds Tennessee abortion waiting period; The court’s majority found a Tennessee law that requires women to wait two days before they can get an abortion is not a substantial obstacle to most women seeking the procedure.”

You can access today’s 9-to-7 en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 9:32 PM by Howard Bashman



“L.A. County court to staff: Get vaccinated or get fired.” Matt Hamilton of The Los Angeles Times has an article that begins, “Los Angeles County’s Superior Court, the nation’s largest trial court system, told employees Thursday they must promptly get fully vaccinated once a coronavirus vaccine receives final government approval, or face termination.”

Posted at 5:54 PM by Howard Bashman



“Biden taps VT Supreme Court Justice Beth Robinson as nominee for the U.S. Court of Appeals”: Ethan Bakuli of The Burlington (Vt.) Free Press has this report.

Posted at 1:05 PM by Howard Bashman



“He is one of only 39 detainees left at Guantanamo. Once tortured, prisoner’s case is a test of larger political realities at play.” Daniel A. Medina of CNN has this report.

Posted at 10:18 AM by Howard Bashman



“Judge Theodore McKee Taking Senior Status, Giving Biden His First Vacancy on 3rd Circuit; McKee was nominated to the judiciary in 1994 by former President Bill Clinton”: Avalon Zoppo of The National Law Journal has this report.

Posted at 10:02 AM by Howard Bashman



“Appellate judges uphold Maryland beach town’s topless ban”: Matthew Barakat of The Associated Press has this report.

And Brad Kutner of Courthouse News Service reports that “Fourth Circuit upholds Ocean City ban on topless women; While a three-judge panel upheld the city’s ordinance banning female toplessness at local beaches, a concurring opinion questions the precedent the court admitted it was bound by.”

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

Posted at 8:20 AM by Howard Bashman



“En banc 9th Circuit takes up certification of classes with uninjured plaintiffs”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:15 AM by Howard Bashman



“How Biden’s Supreme Court throwdown could backfire: With candor he might come to regret, the president acknowledged the court’s conservative majority could reject his revised eviction ban.” Josh Gerstein of Politico has this report.

Posted at 8:00 AM by Howard Bashman



Wednesday, August 4, 2021

“Law professor sues George Mason University, challenging covid vaccine mandate”: Susan Svrluga of The Washington Post has this report.

Posted at 10:08 PM by Howard Bashman



“Legal Battle Looms Over New Eviction Moratorium; Biden administration faces high legal hurdles in pressing for new ban without legislation to back it up”: Brent Kendall of The Wall Street Journal has this report.

Posted at 9:33 PM by Howard Bashman



Roe and Our Contested Rights Regime: If progressivism actually is marching onward throughout the country, why are advocates of Roe so nervous about it being overturned?” Greg Weiner has this post at the “Law & Liberty” blog.

Posted at 8:22 PM by Howard Bashman



“Biden’s Rebuff to Supreme Court on Eviction Ban Will Backfire; It’s not only bad constitutional law; It’s bad constitutional politics to spurn Justice Kavanaugh’s sensible judgment”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 1:42 PM by Howard Bashman



“Federal Murder Trial Begins For Man At Center Of Supreme Court Ruling On Tribal Jurisdiction”: Amelia Mugavero of News on 6 in Tulsa, Oklahoma has this report.

Posted at 1:04 PM by Howard Bashman



“New national Marquette Law School Poll finds public approval of the Supreme Court to be high, partisanship to shape views of justices and decisions”: Marquette University Law School issued this news release yesterday. You can access the detailed results of the poll via this link.

Posted at 12:55 PM by Howard Bashman



“DOJ will argue at SCOTUS against U.S. discovery in private foreign arbitration”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 11:06 AM by Howard Bashman



This time, the Eighth Circuit holds that appealing from one non-existent court to another non-existent court isn’t a fatal defect: You can access yesterday’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

According to yesterday’s ruling, the relevant distinctions between yesterday’s decision and a recent, earlier ruling dismissing an appeal due to defects in the notice of appeal were that the appellants “appealed from a real and specific order[, and the] notice of appeal . . . properly named the parties in the caption.”

Posted at 11:00 AM by Howard Bashman