How Appealing



Thursday, January 13, 2022

“New Jersey Adds Abortion Protections to State Law; Move comes as U.S. Supreme Court weighs federal protections for abortion rights”: Jennifer Calfas of The Wall Street Journal has this report.

Susan K. Livio and Brent Johnson of The Newark Star-Ledger report that “Murphy signs law protecting abortion rights in N.J.

And Katie Sobko of The Record of Hackensack, New Jersey reports that “New Jersey law protecting abortion rights signed by Murphy in Teaneck Thursday.”

Posted at 9:00 PM by Howard Bashman



“A Split Supreme Court Decision on Vaccine Mandates; At least the Justices struck down OSHA’s overreach on private employers”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 8:50 PM by Howard Bashman



“Supreme Court Blocks Biden’s Virus Mandate for Large Employers; But the justices allowed a vaccination requirement for health care workers at facilities that receive federal money”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court blocks Biden’s workplace vaccine rules, allows requirement for health-care workers.”

David G. Savage of The Los Angeles Times reports that “Supreme Court blocks Biden’s vaccine mandate for the workplace.”

Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court Blocks Biden Vaccine Rules for Large Employers; Justices allow Covid-19 vaccine mandate for healthcare workers whose facilities participate in Medicare and Medicaid.”

John Fritze of USA Today reports that “Supreme Court blocks COVID-19 vaccine-or-testing mandate for workplaces but lets medical rule stand.”

Stephen Dinan of The Washington Times reports that “Supreme Court blocks Biden’s vaccine mandate on big businesses; Justices allow smaller mandate on medical workers to take effect.”

Lawrence Hurley and Andrew Chung of Reuters report that “U.S. Supreme Court blocks Biden vaccine-or-test policy for large businesses.”

Greg Stohr of Bloomberg News reports that “Supreme Court Blocks Biden’s Shot-or-Test Rule for Workers.”

Pete Williams of NBC News reports that “Supreme Court blocks Biden’s Covid requirements for businesses, upholds health care workers mandate; The workplace requirement, which was challenged by a group of red states and businesses, would have affected nearly 80 million U.S. workers.”

Ariane de Vogue of CNN reports that “Supreme Court blocks nationwide vaccine and testing mandate for large businesses, allows health care worker vaccine mandate to take effect.”

Eleanor Mueller and Josh Gerstein of Politico report that “SCOTUS blocks Biden’s workplace vaccine rule; But the justices ruled that a separate federal policy insisting that many health care workers be vaccinated could move forward.”

Todd Ruger of Roll Call reports that “Supreme Court blocks vaccine-or-mask mandate for larger employers; But the justices also allowed a similar mandate for health care workers at federally funded facilities.”

Nathaniel Weixel and John Kruzel of The Hill reports that “Supreme Court blocks Biden’s vaccine-or-test mandate for employers.”

Kelsey Reichmann of Courthouse News Service reports that “Supreme Court blocks federal mandate for private workers to vaccinate or test; The justices dropped two rulings late Thursday: one that freezes the mandate for large businesses and another that green-lights enforcement against health care workers.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court blocks Biden’s vaccine-or-test mandate for large private companies.”

Posted at 7:44 PM by Howard Bashman



“5th Circuit Judge Gregg Costa to Resign, Creating Second Vacancy for Biden; Court watchers say it’s rare for a federal appeals court judge to step down from a lifetime appointment”: Avalon Zoppo of The National Law Journal has this report.

According to the article, “The Fifth Circuit’s clerk’s office confirmed it received a copy of Costa’s letter to President Joe Biden announcing his intent to resign Aug. 5.”

Posted at 5:24 PM by Howard Bashman



“Judiciary Urges Dialogue on Electronic Case Files Bills, Seeks Delay in Action”: The Administrative Office of the U.S. Courts issued this news release today. Among the federal judiciary’s message to Congress — “not so fast” on giving away PACER for free, please.

Posted at 5:12 PM by Howard Bashman



“Supreme Court halts COVID-19 vaccine rule for US businesses”: Mark Sherman and Jessica Gresko of The Associated Press have this report.

You can access the U.S. Supreme Court‘s per curiam ruling today in NFIB v. OSHA, No. 21A244, at this link.

And you can access the Court’s per curiam ruling in Biden v. Missouri, No. 21A240, at this link.

Posted at 2:50 PM by Howard Bashman



“Defending the Consensus Constitution: The genius of the American system is that the Constitution fragments power to promote stability, carefully considered policy, and liberty.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 1:48 PM by Howard Bashman



“On vaccine mandates, the Supreme Court is doing a job Congress should have finished long ago”: Columnist Charles Lane has this essay online at The Washington Post.

Posted at 1:44 PM by Howard Bashman



“Pork producers and bacon lovers, stop squealing over California’s new animal welfare law”: Columnist Helaine Olen has this op-ed in today’s edition of The Washington Post.

Posted at 1:42 PM by Howard Bashman



“The Supreme Court’s Right Turn Goes Way Beyond Guns And Abortion”: Amelia Thomson-DeVeaux of FiveThirtyEight has this post.

Posted at 1:34 PM by Howard Bashman



“5th Circ. Backs Walmart Win In Pharmacist’s Race Bias Case”: Abby Wargo of Law360 has this report (subscription required for full access) on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued Monday.

Circuit Judge James C. Ho issued a notable opinion concurring in part and dissenting in part in which he concludes that the district court erred in dismissing the plaintiff’s claim alleging a hostile work environment under Title VII of the Civil Rights Act of 1964.

Posted at 11:54 AM by Howard Bashman



“South Dakota asks appeals court to allow July 4 fireworks at Mount Rushmore; Determined to resume Independence Day fireworks shows at Mount Rushmore, Governor Kristi Noem is appealing a ruling that upheld the National Park Service’s denial of last year’s permit over wildfire and coronavirus concerns”: Rox Laird of Courthouse News Service has this report.

Posted at 11:40 AM by Howard Bashman



“Federal appeals court ruling allows parents of murdered student’s wrongful death suit against Millersville U to proceed”: Dan Nephin has this front page article in today’s edition of LNP of Lancaster, Pennsylvania.

And Mary Anne Pazanowski of Bloomberg Law reports that “Millersville University Faces Revived Suit Over Dorm Room Murder” (subscription required for full access).

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

Posted at 11:33 AM by Howard Bashman



“Indiana asks Seventh Circuit to lift block of abortion restrictions; The state’s appeal comes after a federal judge struck down several abortion regulations, including a telemedicine ban and a required disclosure to patients that fetuses can feel pain”: David Wells of Courthouse News Service has this report on an oral argument (access the audio via this link) that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard yesterday in the case captioned Whole Woman’s Health Alliance v. Rokita, No. 21-2480.

The three-judge panel assigned to hear and decide this case consists of Circuit Judges Frank H. Easterbrook and Diane P. Wood and Senior Circuit Judge Joel M. Flaum.

Posted at 11:26 AM by Howard Bashman



“Fifth Circuit Judge to Leave Court Hearing Texas Abortion Law”: Ben Penn of Bloomberg Law has a report (subscription required for full access) that begins, “Judge Gregg Costa will resign in August as one of the far outnumbered Democratic-appointed jurists in the U.S. Court of Appeals for the Fifth Circuit, according to a notice on the U.S. Courts website.”

Posted at 11:15 AM by Howard Bashman



“Federal court denies RI students appeal claiming constitutional right to civics education”: Linda Borg of The Providence Journal has this report.

Daniel Jackson of Courthouse News Service reports that “Students have no constitutional right to civics education, First Circuit rules; The appellate court decided a group of public school students in Rhode Island who said their civics education could leave them unprepared to participate in democracy were not deprived of a fundamental right.”

And Mark Walsh of Education Week reports that “Students Lose Appeal on Right to Civics Education, But Win Praise From Judges Anyway.”

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

Posted at 11:12 AM by Howard Bashman



“Republican Senators Very Upset to Discover Consequences of Own Actions; When it comes to the extent of their input on nominees with the White House, Senate Judiciary Committee Republicans appear to have very short memories”: Yvette Borja has this post at Balls and Strikes.

Posted at 10:14 AM by Howard Bashman