How Appealing



Thursday, January 18, 2024

“What to Know About the Federal Law at the Heart of the Latest Supreme Court Abortion Case; The federal Emergency Medical Treatment and Labor Act, known as EMTALA, requires hospitals to provide medically necessary care to stabilize patients in emergency situations”: Pam Belluck of The New York Times has this report.

Posted at 9:48 PM by Howard Bashman



“Trump Asks Supreme Court to Rule He Is Eligible to Hold Office; The forceful brief was the former president’s main submission in his appeal of a ruling barring him from the Colorado primary ballot on the ground that he had engaged in insurrection”: Adam Liptak of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Trump urges Supreme Court to keep his name on ballot, warns of ‘bedlam.’

Lawrence Hurley of NBC News reports that “Trump urges Supreme Court to allow him to stay on the ballot; The former president filed a brief asking the court to rule that the Constitution’s 14th Amendment doesn’t prevent him from appearing on Colorado’s Republican primary ballot.”

Mark Sherman of The Associated Press reports that “Lawyers for Trump urge the Supreme Court ‘to put a swift and decisive end’ to ballot removal efforts.”

And Greg Stohr and Chris Strohm of Bloomberg News report that “Trump Asks Supreme Court to Keep Him on Colorado Ballot; He says Colorado court shouldn’t have barred him over Jan. 6; Appeal aims to end ballot challenges over insurrection clause.”

You can access the Brief for Petitioner at this link.

Posted at 9:40 PM by Howard Bashman



“Dobbs Didn’t Reduce Abortions. The Anti-Abortion Movement Needs a New Vision.” Daniel K. Williams will have this guest essay in Friday’s edition of The New York Times.

Posted at 8:35 PM by Howard Bashman



“US Senate panel narrowly advances Muslim federal appellate court nominee”: Nate Raymond of Reuters has this report.

Tiana Headley of Bloomberg Law reports that “Historic Muslim Appellate Pick Advances Despite Republican Anger; Adeel Mangi would be first Muslim US circuit judge; GOP scrutiny focuses on views on Israel-Hamas, terrorism.”

And Joey Fox of New Jersey Globe reports that “Mangi nomination approved by Judiciary Committee after another fraught meeting; Democrats imply Republican attacks on Mangi are motivated by anti-Muslim sentiment.”

Posted at 8:25 PM by Howard Bashman



“Ned Foley-Ben Ginsberg-Rick Hasen Amicus Brief Warns SCOTUS of Political Instability, Potential Violence, and Voter Disenfranchisement If It Avoids Deciding Merits in Trump Disqualification Case”: Rick Hasen has this post at his “Election Law Blog” about this amicus brief filed at the U.S. Supreme Court.

Posted at 2:44 PM by Howard Bashman



“Supreme Court Overruling Chevron Doctrine Would Be an Oedipal Act; The father of modern conservative legal thought, Antonin Scalia, believed in judicial restraint; Do today’s justices?” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 2:38 PM by Howard Bashman



“FBI Effort to Moot No Fly List Case Deserves Judges’ Skepticism”: Hannah Mullen has this essay online at Bloomberg Law.

Posted at 2:31 PM by Howard Bashman



“Sam Alito Suddenly Unconcerned About Judges Ruling Based On Their Policy Preferences; The right spent years railing against the scourge of ‘judicial activism’; Now that conservatives control the courts, they feel a little differently”: Madiba K. Dennie has this post at Balls and Strikes.

And at “Dorf on Law,” Michael C. Dorf has a blog post titled “Justice Kavanaugh Aims for Chevron But Hits Delegation.”

Posted at 1:06 PM by Howard Bashman



“Could Justice O’Connor Have Revoked Her Retirement Decision? Exploring some ‘what ifs?’ and Arlen Specter’s gambit.” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:03 PM by Howard Bashman