How Appealing



Friday, April 19, 2024

“Yet another same-sex wedding cake case will test California civil rights law”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 8:30 PM by Howard Bashman



“Medical emergencies collide with abortion bans at Supreme Court; Greater access to medication abortion and protecting access to emergency reproductive care headlined President Joe Biden’s response to Dobbs v. Jackson Women’s Health Organization; The Supreme Court put both policies on its docket this term”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 3:42 PM by Howard Bashman



“Newman’s Counsel Says Supreme Court’s Agreement with Her Dissent Proves Mental Fitness”: Eileen McDermott has this post at the “IPWatchdog” blog.

Posted at 3:40 PM by Howard Bashman



“Fetal Personhood Fight Underlies Supreme Court Abortion Case; Idaho abortion ban conflicts with federal law, US says; Reading of statute key question in appeal”: Lydia Wheeler of Bloomberg Law has this report.

And Eleanor Klibanoff of The Texas Tribune reports that “Texas, Idaho abortion bans test against federal emergency medicine rule; Hospitals are required to stabilize anyone experiencing a medical emergency; Two lawsuits question whether that includes performing an abortion, despite state laws.”

Posted at 1:24 PM by Howard Bashman



“Emergency rooms refused to treat pregnant women, leaving one to miscarry in a lobby restroom”: Amanda Seitz of The Associated Press has this report.

Posted at 1:22 PM by Howard Bashman



“DEI ‘lives on’ after Supreme Court ruling, but critics see an opening; Legal experts largely agreed the Muldrow decision lowered the bar in workplace bias claims, but views diverged on how that standard would play out in DEI cases”: Julian Mark of The Washington Post has this report.

Posted at 1:20 PM by Howard Bashman



“Jan. 6 Case Will Test the Supreme Court’s Hypocrisy; The court’s conservative justices love to call themselves textualists; This case gives them a chance to prove it”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 1:18 PM by Howard Bashman



“The Supreme Court Asks What Enron Has to Do with January 6th — and Trump; The former President notwithstanding, the government’s position in Fischer v. United States is unsettling”: Amy Davidson Sorkin has this Daily Comment online at The New Yorker.

Posted at 1:14 PM by Howard Bashman



“Fifty-Time Supreme Court Litigator Keeps Justices on Their Toes; Lisa Blatt the first woman to argue 50 cases at high court; Advocates for women to have passions separate from profession”: Lydia Wheeler of Bloomberg Law has this report.

Posted at 1:10 PM by Howard Bashman



Thursday, April 18, 2024

“Third Circuit panel skeptical of felon’s right-to-carry claim; A public defender asked the appeals court to consider whether his client’s past crime of carrying an unlicensed firearm should rob him of the right to bear arms”: Alexandra Jones of Courthouse News Service has this report.

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link.

Posted at 10:26 PM by Howard Bashman



“Oregon city forces Supreme Court to contend with national homelessness crisis; The high court will balance a city’s police power against the rights of the unhoused”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 10:20 PM by Howard Bashman



“You’ll Never Guess Who Doesn’t Want to Repeal a Zombie Abortion Ban; Democrats are getting pressure from abortion rights groups to keep the Comstock Act in place”: Ben Metzner has this essay online at The New Republic.

Posted at 10:16 PM by Howard Bashman



“Conservatives Revolt Against Miers Nomination; A resounding no to George W. Bush’s ‘trust me’”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 10:14 PM by Howard Bashman



“The Fifth Circuit did the absolute least it should do this week — and that’s news; The court issued a trio of orders declining to have the full court review decisions that conservatives seeking to transform the law lost before three-judge panels”: Chris Geidner has this post at his Substack site.

Posted at 10:12 PM by Howard Bashman



“James Ho Accidentally Makes Powerful Case For Robust Judge-Shopping Reforms; Against all odds, the federal judge who once unironically used the phrase ‘woke Constitution’ has written something even dumber”: Jay Willis has this essay online at Balls and Strikes.

Posted at 10:08 PM by Howard Bashman



Wednesday, April 17, 2024

“Fourth Circuit finds West Virginia ban on transgender athletes unconstitutional; A divided panel found West Virginia violates Title IX by excluding transgender student-athletes from participating in the teams of their choosing”: Joe Dodson of Courthouse News Service has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.

Posted at 8:02 PM by Howard Bashman



“Delay & Denials of Preliminary Injunctions: Perceived urgency for a ruling on a preliminary-injunction led the Fifth Circuit to conclude that the district court’s delay in deciding amounted to an appealable denial.” Bryan Lammon has this post at his “final decisions” blog.

Posted at 7:54 PM by Howard Bashman



“Biden Sixth Circuit Pick Pressured by Republicans on Ethics; GOP alleges Kevin Ritz acted unethically in criminal case; Also asked about man killed alongside officer in shootout”: Tiana Headley of Bloomberg Law has this report.

And Benjamin S. Weiss of Courthouse News Service reports that “Blue slips off the table for Dems as Senate spars over Sixth Circuit nominee Ritz; Republicans on the Senate Judiciary Committee were incensed that the White House moved forward with the appellate court appointment without consulting home state senators.”

Posted at 7:46 PM by Howard Bashman



“Biden resists pulling controversial judicial nominee Adeel Mangi despite Democrat defectors; Biden is not considering withdrawing his nomination of Adeel Mangi despite calls to do so”: Julia Johnson of Fox News has this report.

Posted at 7:42 PM by Howard Bashman



“Judge’s Citi Investment Doesn’t Merit Recusal, Ethics Panel Says; Judge Don Willett on 5th Cir. disclosed Citigroup investment; CFPB said judge should step aside from late fee rule challenge”: Evan Weinberger of Bloomberg Law has this report.

Posted at 7:38 PM by Howard Bashman



Heck & Judicial Estoppel in Qualified-Immunity Appeals: The Sixth Circuit joined the ‘no jurisdiction’ side of the split on whether courts can review Heck issues as part of a qualified-immunity appeal; But it probably went too far in reviewing a judicial-estoppel argument.” Bryan Lammon has this post at his “final decisions” blog.

Posted at 7:32 PM by Howard Bashman



“The Supreme Court’s Big Gun Rights Decision Is a Waking Nightmare For Federal Judges; In courtrooms across the country, many of the gun laws that manage to survive Bruen’s ‘history and tradition’ standard rely on some most deranged rationales imaginable”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 4:14 PM by Howard Bashman



Tuesday, April 16, 2024

“Lawmakers seek disavowal of Supreme Court’s racist ‘Insular Cases’ that limited rights of people in U.S. territories; A series of early-1900s Supreme Court rulings included discriminatory language and helped ensure that people in U.S. territories would not have the same rights as other Americans”: Lawrence Hurley of NBC News has this report.

Posted at 9:42 PM by Howard Bashman



“Supreme Court’s Shadow Docket Gets a Radical Makeover; The court’s most conservative justices prefer to let unconstitutional laws take effect while the legal process plays out”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 9:40 PM by Howard Bashman



“Trump’s Jan. 6 Case Could Go On Even if Court Limits Use of Obstruction Law; The federal indictment of Donald Trump for plotting to overturn the 2020 election relies in part on the law that the Supreme Court weighed on Tuesday, but was built to survive without it”: Alan Feuer of The New York Times has this news analysis.

Posted at 9:38 PM by Howard Bashman



“Adult entertainment industry asks Supreme Court to block Texas age-verification requirements for porn sites”: John Fritze of CNN has this report.

Posted at 9:35 PM by Howard Bashman



“Supreme Court Justice Does Whatever He Felt Like Doing; Clarence Thomas provided no explanation for his absence from oral argument on Monday, which is somehow among his least offensive displays of contempt for the very concept of accountability”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 5:33 PM by Howard Bashman