How Appealing



Monday, March 15, 2021

“The split decision in June Medical did not overrule the precedential effect of Whole Woman’s Health and Casey.” So ruled the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit Friday in deciding the case of Planned Parenthood v. Box on remand from the U.S. Supreme Court.

Circuit Judge David F. Hamilton‘s majority opinion explained:

The Chief Justice’s concurring opinion in June Medical offered the narrowest basis for the judgment in that case, giving stare decisis effect to Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), on the essentially identical facts in June Medical. The Marks rule does not, however, turn everything the concurrence said — including its stated reasons for disagreeing with portions of the plurality opinion — into binding precedent that effectively overruled Whole Woman’s Health. That is not how Marks works. It does not allow dicta in a non-majority opinion to overrule an otherwise binding precedent

Circuit Judge Michael S. Kanne issued a dissenting opinion in which he disagreed with the majority’s understanding and application of the June Medical ruling.

Posted at 11:37 AM by Howard Bashman



Former USDOJ Capital Case Section attorney’s defamation suit against The New York Times was properly dismissed under New York’s fair report privilege, Second Circuit holds: The U.S. Court of Appeals for the Second Circuit issued this decision today.

The suit concerned an article by Katie Benner that appeared in the April 1, 2018 issue of The New York Times headlined “At the Justice Dept.’s Death Penalty Unit, Accusations of Favoritism, Gender Bias and Unwanted Groping.”

Posted at 10:42 AM by Howard Bashman



“The sweeping implications of the Supreme Court’s new union-busting case: Cedar Point Nursery v. Hassid isn’t just an attack on unions, it could bar health inspectors from inspecting restaurants.” Ian Millhiser has this essay online at Vox.

Posted at 10:14 AM by Howard Bashman



In the March 22, 2021 issue of The New Yorker: Andrew Solomon has an article headlined “How Polyamorists and Polygamists Are Challenging Family Norms: From opposite sides of the culture, parallel campaigns for legal recognition may soon make multiple-partner marriages as unremarkable as same-sex marriages.”

And Jane Mayer has an article headlined “Can Cyrus Vance, Jr., Nail Trump? Insiders say that the Manhattan District Attorney’s investigation has dramatically intensified since the former President left office; ‘It’s like night and day,’ says one; According to another, ‘They mean business.’

Posted at 10:12 AM by Howard Bashman



Sunday, March 14, 2021

“Stats show the impact female judges are making on the Pennsylvania bench”: Rudy Miller of The Express-Times of Easton, Pennsylvania has this report.

Posted at 7:36 PM by Howard Bashman



“Arizona Supreme Court justice leaving, giving governor another pick”: Howard Fischer of The Arizona Daily Star has this report.

Posted at 7:33 PM by Howard Bashman



“Rachel Wainer Apter will be Murphy’s pick for New Jersey Supreme Court; Director of NJ Division of Civil Rights was Ruth Bader Ginsburg law clerk, ACLU staff attorney”: David Wildstein of the New Jersey Globe has this report.

Wildstein also has related reports headlined “New Jersey’s newest senator in power position on Murphy Supreme Court pick; Rachel Wainer Apter will need sign off from Holly Schepisi to get confirmed by State Senate” and “Weinberg gets ready for her sixth Supreme Court confirmation; Next justice could be from 37th district.”

Posted at 7:24 PM by Howard Bashman



“‘A tremendous sea change’: Democrats see a path to remaking the Senate filibuster; Between Sen. Joe Manchin’s support for a ‘talking filibuster’ and unified GOP opposition to the popular Covid-19 relief bill, some lawmakers see an opening.” Sahil Kapur of NBC News has this report.

Posted at 1:12 PM by Howard Bashman



“How Biden Can Reverse Trump’s Death Penalty Expansion: Biden vowed to end the death penalty; A recent court filing suggests where he might start.” Keri Blakinger of The Marshall Project has this report.

Posted at 1:09 PM by Howard Bashman



“What’s the price of Sunshine? Missouri Supreme Court weighs key transparency case.” Austin Huguelet of The Springfield News-Leader has this report.

Posted at 1:00 PM by Howard Bashman



“Campus speech rules are hurting students. They deserve recompense — even if it’s just $1.” Columnist George F. Will has this op-ed in today’s edition of The Washington Post.

Posted at 12:56 PM by Howard Bashman



Saturday, March 13, 2021

“Woman appeals dismissal of lawsuit claiming West Feliciana DA mishandled her rape case”: Joe Gyan Jr. of The Advocate of Baton Rouge, Louisiana recently had this report on a petition for rehearing en banc that the plaintiff recently filed in the U.S. Court of Appeals for the Fifth Circuit seeking further review of a three-judge panel’s decision that I previously noted in this post.

Raffi Melkonian has this Twitter thread about an amicus brief of retired federal judges filed yesterday in support of the rehearing petition.

Posted at 2:33 PM by Howard Bashman



“Anti-abortion bills abound; their fate in court is unknown”: David Crary and Iris Samuels of The Associated Press have this report.

Posted at 1:55 PM by Howard Bashman



“‘Nobody Wants to Be There, Dude’: How a Juror’s Podcast Led to an Appeal; A federal judge warned a jury not to talk to anyone about the case; One juror had an online comedy show.” Benjamin Weiser of The New York Times has this report.

Posted at 1:52 PM by Howard Bashman



Friday, March 12, 2021

“Unlikely bedfellows in TransUnion SCOTUS case: Justice Thomas and class action fans.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:14 PM by Howard Bashman



“Meanings, Intentions, Original Law: Another way to understand what originalists are doing.” Stephen Sachs has this post at “The Volokh Conspiracy.”

Posted at 9:56 PM by Howard Bashman



“A convicted Oklahoma killer’s death sentence was overturned because of a landmark US Supreme Court ruling”: Dakin Andone of CNN has this report.

My earlier coverage of yesterday’s Oklahoma Court of Criminal Appeals rulings can be accessed here.

Posted at 9:50 PM by Howard Bashman



“Analyzing the Flurry of Amicus Brief Signatories in NCAA v. Alston”: Sam Ehrlich has this post at The Juris Lab.

Posted at 4:00 PM by Howard Bashman



“SJC: Christian college can’t claim former social work professor was minister in legal dispute.” Travis Andersen of The Boston Globe has this report.

Paul Leighton of The Salem News reports that “State’s top court says Gordon College professor not a ‘minister.’

And Scott Jaschik of Inside Higher Ed has a report headlined “Court: Gordon Is Religious, but Professor of Social Work Is Not ‘Ministerial Employee.’

You can access last Friday’s ruling of the Supreme Judicial Court of Massachusetts at this link.

Posted at 12:08 PM by Howard Bashman



“Justice Department Backs College Athletes in Supreme Court Case; Biden administration files brief against NCAA’s rules limiting student-athlete compensation as justices prepare to hear case this month”: Brent Kendall and Louise Radnofsky of The Wall Street Journal have this report.

Posted at 11:56 AM by Howard Bashman



“Remembering RBG: Barrington woman recalls friendship with Supreme Court icon Ginsburg.” Jan Wenzel has this article online at The Providence (R.I.) Journal.

Posted at 11:54 AM by Howard Bashman



“How old will President Biden’s judicial nominees be? Which side of 50 will the nominees be on?” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 11:38 AM by Howard Bashman



“Immigration was a scorching topic at the Supreme Court last year. With Trump gone, that’s changed.” John Fritze of USA Today has this report.

Posted at 9:45 AM by Howard Bashman



Thursday, March 11, 2021

“An appeals court blasts state’s early effort to end capital punishment and questions prison conditions of a former death row inmate”: Edmund H. Mahony of The Hartford Courant has this report.

And Kelan Lyons of The Connecticut Mirror reports that “2nd Circuit rules CT’s ‘special circumstances’ law for former death row inmates is unconstitutional.”

You can access today’s ruling of a two-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 10:10 PM by Howard Bashman



“Georgetown Law professor terminated after ‘reprehensible’ comments about Black students”: Lauren Lumpkin of The Washington Post has this report.

And Michael Levenson of The New York Times reports that “Georgetown Law Fires Professor for ‘Abhorrent’ Remarks About Black Students; The law school said Sandra A. Sellers, an adjunct professor, had been terminated, and David C. Batson, another adjunct, had been placed on administrative leave.”

Georgetown Law’s Dean William M. Treanor has issued two statements regarding this matter that you can access at this link.

Posted at 10:00 PM by Howard Bashman