How Appealing



Wednesday, December 15, 2021

“6th Circuit Denies Initial En Banc Review of OSHA Vaccine-or-Test Mandate; Judge Jeffrey Sutton dissented, saying the case is ‘suitable for an extraordinary procedure'”: Avalon Zoppo of The National Law Journal has this report on today’s order (accompanied by a concurrence and two dissents) of the U.S. Court of Appeals for the Sixth Circuit denying en banc review by an evenly divided vote.

And in other coverage, at “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Sixth Circuit Refuses to Hear Challenges to OSHA Vaccinate-or-Test Rule En Banc; A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel.”

And Josh Blackman has a post titled “Sixth Circuit Splits 8-8 on Initial En Banc in OSHA Vaccine Cases; The three judges who did not sign an opinion may be on the three-judge panel: Gibbons, Griffith, and Stranch.”

Posted at 7:58 PM by Howard Bashman



“Ghislaine Maxwell’s judge, up for appellate court promotion, faces U.S. Senate panel”: Nate Raymond of Reuters has this report.

And Tom McParland of New York Law Journal reports that “Nathan Faces Grilling From Republican Senators in Hearing for 2nd Circuit Nomination; ‘I gave that up,’ Nathan said when pressed about her experience as a lawyer in the Obama administration and in Democratic politics.”

You can view the video of today’s U.S. Senate Judiciary Committee confirmation hearing via this link.

Posted at 7:34 PM by Howard Bashman



“Newsom’s Texas-style gun ploy is an emotionally satisfying, and very bad, idea”: This editorial appears in today’s edition of The Los Angeles Times.

Posted at 12:54 PM by Howard Bashman