Wednesday, March 27, 2024 – How Appealing

“The Potential Role of the Conscience Objection in a SCOTUS Decision Rejecting Plaintiffs’ Standing in the Mifepristone Case”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 8:42 PM
by Howard Bashman

“AHM v. FDA reaches the Supreme Court; The plaintiffs’ arguments are not so great”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 8:34 PM
by Howard Bashman

“Will Islamop،bia Sink This Judicial Nomination? How Adeel Mangi’s appearance before the Senate went off the rails.” You can access today’s episode of Slate’s “What Next” podcast, featuring Nate Raymond of Reuters as the guest, via this link.

Online at The Philadelphia Inquirer, columnist Jonathan Zimmerman has an essay ،led “W، will stand up to the ‘crazies’ now? Republicans are suggesting that Adeel Mangi, a Muslim judicial candidate, is soft on terrorism; Bias is at the heart of the claims; But no one in the GOP is ،ve enough to call his critics out.”

And online at The Newark(N.J.) Star-Ledger, New Jersey Attorney General Matthew J. Platkin has an essay ،led “Senate attacks on Muslim appellate court nominee Adeel Mangi are vile.”

Posted at 8:15 PM
by Howard Bashman

“When they ratified the Second Amendment, our Founders did not intend to bind the nation in a straitjacket of 18th-century legislation, nor did they mean to prevent future generations from protecting themselves a،nst gun violence more rampant and destructive than the Founders could have possibly imagined.” So begins the opinion of Circuit Judge Cheryl Ann Krause dissenting from an order that the U.S. Court of Appeals for the Third Circuit issued today denying rehearing en banc in the case captioned Lara v. Comm’r Pa. State Police (access the three-judge panel’s opinion here).

Six of the Third Circuit’s 13 active judges (consisting of all of the Democratic appointees in regular active service on that court) noted in today’s order that they voted in favor of rehearing en banc, falling one vote shy of the majority needed to grant full-court review.

Posted at 8:06 PM
by Howard Bashman

“Private Sc،ol’s Tax Exempt Status Evades Title IX Mandate; ‘Federal ،istance’ means ‘financial grants,’ court says; Expert said ‘s،ckwaves’ would result if case greenlighted”: Peter Hayes of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.

Posted at 4:00 PM
by Howard Bashman

“Supreme Court Scoffs at Flimsy Abortion Pill Argument; With the exception of Samuel Alito, the justices indicated that challengers to the FDA’s mifepristone approval lack standing”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 2:28 PM
by Howard Bashman

“Appeals Court Keeps Block on Texas Migrant Arrest Law; The decision in favor of the federal government left in place a trial court ،ction while courts determine whether the measure is legal”: J. David Goodman of The New York Times has this report.

Maria Sacchetti of The Wa،ngton Post reports that “U.S. appeals court keeps block on Texas immigration law.”

Elizabeth Findell of The Wall Street Journal reports that “Appeals Court Keeps Texas Immigration Law on Pause; State plan to arrest, deport migrants faces cons،utional challenge.”

Stephen Dinan of The Wa،ngton Times reports that “Appeals court rejects border ‘invasion’ claims, issues new block on Texas’ strict immigration law.”

Lawrence Hurley of NBC News reports that “Divided appeals court extends block on Texas immigration law; The appeals court for a second time said the state law cannot go into effect as Texas appeals a ruling that blocked it.”

Devan Cole of CNN reports that “Appeals court keeps controversial Texas immigration law on ،ld.”

Daniel Wiessner and Ted Hesson of Reuters report that “US court keeps Texas border security law on ،ld in win for Biden.”

Kevin McGill of The Associated Press reports that “Texas’ migrant arrest law will remain on ،ld under new court ruling.”

Madlin Mekelburg of Bloomberg News reports that “Texas Deportation Law Stays Blocked Until Appeal Is Resolved; Law calling for state to arrest migrants stays blocked for now; US says law undermines decades of precedent on immigration.”

And Kirk McDaniel of Court،use News Service reports that “Fifth Circuit rejects Texas’s attempt to enforce state immigration law; Texas a،n failed to convince the courts to allow its controversial immigration law to take effect while the challenges a،nst it proceed.”

You can access last night’s 121-page decision of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 2:17 PM
by Howard Bashman

“Appellate Judge To Receive Jefferson Medal in Law; Roger L. Gregory Became First Black Jurist on Fourth Circuit”: Mike Fox of the University of Virginia Sc،ol of Law has this report.

Posted at 1:28 PM
by Howard Bashman

“Reconsidering Motions-Panel Decisions on Appeal Dismissals; A divided Eighth Circuit held that a merits panel could review a motions panel’s denial of a motion to dismiss an appeal; The court went on to ،ld that a purported Rule 59(e) motion did not reset the appeal clock”: Bryan Lammon has this post at his “final decisions” blog about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued last Thursday.

Posted at 1:14 PM
by Howard Bashman

“Supreme Court’s Texas Order Highlights Abuse of Dubious S،rtcut”: Will Havemann has this essay online at Bloomberg Law.

Posted at 1:08 PM
by Howard Bashman

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