How Appealing

Wednesday, August 17, 2022

“The Continuing Fifth Circuit-Federal Circuit Fight Over Walker Process Appeals; The Fifth and Federal Circuits continue to disagree about where appeals of Walker Process antitrust/patent claims should go; It seems that both will now transfer these appeals to each other, and each might reluctantly accept the transfer; This jurisdictional hot potato needs to stop”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 10:50 PM by Howard Bashman

Apparently the Biden Administration won’t go entirely winless before the Fifth Circuit: Dino Grandoni and Anna Phillips of The Washington Post have an article headlined “Court strikes down ruling that blocked Biden’s oil drilling pause; The moratorium on new oil and gas leasing in federal lands and waters was a key part of Biden’s climate plan” about a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

Posted at 10:22 PM by Howard Bashman

“Florida court says 16-year-old in state care is too immature to choose abortion”: Carol Marbin Miller of The Miami Herald has this report.

Brittany Shammas and Kim Bellware of The Washington Post report that “Florida court rules 16-year-old is not ‘sufficiently mature’ for abortion.”

And Jim Saunders of News Service of Florida reports that “Appeals court blocks teen’s abortion under Florida consent law.”

You can access Monday’s ruling of a partially divided three-judge panel of Florida’s First District Court of Appeal at this link.

Posted at 10:18 PM by Howard Bashman

“Sebastian Graber, won case for Supreme Court sidewalk protests, dies at 70”: Brian Murphy of The Washington Post has written this obituary.

And at his “The Marble Palace Blog,” Tony Mauro of The National Law Journal has a post titled “A Lawyer Who Won a 1983 SCOTUS Free Speech Case on Behalf of His Wife Has Died at Age 70; Sebastian Graber, a lawyer who represented activists, was best known for a case about the right to demonstrate on Supreme Court grounds.”

Posted at 8:50 PM by Howard Bashman

“Utah Supreme Court has first-ever female majority as Utah Senate unanimously confirms Jill Pohlman; ‘I am honored and deeply humbled by this historic appointment to the Utah Supreme Court,’ Justice Jill Pohlman said after her confirmation”: Emily Anderson Stern of The Salt Lake Tribune has this report.

Posted at 8:40 PM by Howard Bashman

“Redistricting, abortion supercharge state Supreme Court races; Thirty states have or will hold state Supreme Court elections this year”: Zach Montellaro and Shia Kapos of Politico have this report.

Posted at 8:37 PM by Howard Bashman

“In Departure From Trump Era Nominations, Biden Relies Less on Feeder Judges; Court watchers say clerkships are considered one indicator of the ideological leanings of a judge, and something Republican presidents have paid more attention to than Democrats”: Avalon Zoppo of The National Law Journal has this report.

Posted at 8:30 PM by Howard Bashman

“South Carolina’s six-week abortion ban temporarily blocked by state Supreme Court”: Maayan Schechter and John Monk of The State of Columbia, South Carolina have this report.

Seanna Adcox of The Post and Courier of Columbia, South Carolina reports that “SC high court temporarily blocks ‘fetal heartbeat’ law as lawmakers consider abortion ban.”

And Katie Shepherd of The Washington Post reports that “South Carolina Supreme Court temporarily blocks 6-week abortion ban; In North Carolina, meanwhile, a federal judge tightened the state’s abortion restrictions, reinstating a ban on the procedure after 20 weeks.”

You can access today’s order of the Supreme Court of South Carolina at this link.

Posted at 8:11 PM by Howard Bashman

“Trump is rushing to hire seasoned lawyers — but he keeps hearing ‘No’; The former president’s current legal team includes a Florida insurance lawyer who’s never had a federal case, a past general counsel for a parking-garage company and a former host at far-right One America News”: Isaac Arnsdorf, Josh Dawsey, Carol D. Leonnig, Jacqueline Alemany, and Rosalind S. Helderman have this front page article in today’s edition of The Washington Post.

Posted at 2:52 PM by Howard Bashman

“Court rules that gender dysphoria is covered by Americans with Disability Act, in ‘huge win’ for trans people”: Muri Assunção of The New York Daily News has this report.

And Brad Kutner of The National Law Journal reports that “Fourth Circuit Becomes First Appeals Court to Find Gender Dysphoria Protected by ADA.”

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

Posted at 1:28 PM by Howard Bashman

“The Biden administration’s emergency care abortion guidance goes to court(s); Texas says the guidance is ‘subverting the Supreme Court’s holding in Dobbs,’ even as Idaho, also fighting the administration, says that claiming a ‘wide and deep conflict’ is a ‘false picture'”: Chris Geidner has this post at his Substack site, “Law Dork, with Chris Geidner.”

Posted at 1:18 PM by Howard Bashman

“College-shopping students have a new query: Is abortion legal there? State laws on reproductive rights are a sudden new variable for students mulling where to apply.” Nick Anderson has this front page article in today’s edition of The Washington Post.

Posted at 1:15 PM by Howard Bashman

“A Japanese transport company won’t be roped into federal court to face claims related to a ship collision that killed seven US sailors in Japanese territorial waters, a divided Fifth Circuit held on Tuesday in an en banc ruling.” So begins the report (subscription required for full access) from David McAfee of Bloomberg Law on yesterday’s 12-to-5 en banc ruling of the U.S. Court of Appeals for the Fifth Circuit.

The opinions (which total over 100 pages) contain a very interesting discussion about whether personal jurisdiction precedents arising under the Fourteenth Amendment’s due process clause should apply to a personal jurisdiction dispute governed by the Fifth Amendment’s due process clause.

Posted at 1:10 PM by Howard Bashman