How Appealing



Wednesday, August 25, 2021

“So now the Supreme Court is okay with judges setting immigration policy?” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 8:27 PM by Howard Bashman



“The Mississippi clinic at the center of the fight to end abortion in America; The state’s last abortion clinic, known as the ‘Pink House,’ is at the heart of a Supreme Court case that could severely restrict abortion access for millions of largely poor women”: Emily Wax-Thibodeaux and Ariana Eunjung Cha have this front page article in today’s edition of The Washington Post.

Posted at 8:20 PM by Howard Bashman



“The Supreme Court Has Let a Lone Trump Judge Take Over Biden’s Foreign Policy; The six conservative justices blessed a rogue decision reviving Trump’s odious attack on refugees”: Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

And online at Vox, Ian Millhiser has an essay titled “The Supreme Court’s stunning, radical immigration decision, explained; The Court’s decision on Trump’s ‘Remain in Mexico’ policy upends decades of precedent warning that judges shouldn’t mess with foreign affairs.”

Posted at 7:18 PM by Howard Bashman



“Immigration Law Boomerang: Don’t blame the Supreme Court for the mess at the border.” This editorial will appear in Thursday’s edition of The Wall Street Journal.

Posted at 7:08 PM by Howard Bashman



“Suit by Kate Steinle’s parents to hold government responsible for stolen gun is turned down”: Bob Egelko of The San Francisco Chronicle has this report.

And Metropolitan News-Enterprise reports that “No Liability Based on Not Locking Up Gun That Was Stolen; Weapon Was Fired by Third Party Who Found It, Resulting in Death; Opinion Says Proximate Cause Lacking.”

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

Posted at 2:50 PM by Howard Bashman



“The Ninth Circuit will co-sponsor a free virtual program on September 2, 2021 featuring Judge Margaret McKeown, who will discuss effective brief writing and oral argument.” You can access more details and register to “attend” via this link.

Posted at 2:36 PM by Howard Bashman



“Chief Justice Roberts’s Long, Longer, and Longest Games; From Trump to Biden, from Citizens United to Dobbs, from Roe to Casey”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:37 PM by Howard Bashman



“Appeals court affirms Dylann Roof’s death sentence in Charleston church slayings”: Ann E. Marimow of The Washington Post has this report.

John Monk of The State of Columbia, South Carolina reports that “Charleston killer Dylann Roof’s death penalty upheld by federal appeals court.”

And Harper Neidig of The Hill reports that “Appeals court upholds death sentence in Charleston church shooting.”

You can access today’s 149-page per curiam ruling of the U.S. Court of Appeals for the Fourth Circuit, decided by a three-judge panel sitting by designation from three other circuits, at this link.

Posted at 1:02 PM by Howard Bashman



Access online the contents of the 2021 Summer Edition of Appellate Issues, a publication of the ABA’s the Council of Appellate Lawyers: Via this link.

Posted at 12:54 PM by Howard Bashman



“The question that confronts us on appeal is whether a party appealing from the decision of a territorial court must establish Article III standing when invoking our jurisdiction, even though Article III standing is not required before the territorial courts.” In a decision issued Monday, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit answered that question in the affirmative.

Posted at 11:12 AM by Howard Bashman