As part of our ongoing effort to keep legal professionals up to date, this article presents a concise weekly roundup of key points from Howard Bashman’s How Appealing blog, a pioneer in web-based reporting on appellate litigation.
In US legal news, a recent development signifies a step back from a proposal to limit midnight court filings. As reported by Nate Raymond of Reuters, the federal judiciary has disregarded a proposal by a judge aimed at enhancing work-life balance among attorneys by adjusting filing deadlines and barring the practice of submitting legal documents electronically at late hours, specifically around midnight. Further insights into this story can be found in Raymond’s report.
Judge Thomas Hardiman of the 3rd Circuit is calling for a fresh interpretation of ‘cruel and unusual’ punishment under the 8th Amendment. Hardiman’s approach upholds an ‘original meaning’ and he specifically calls into question the ‘evolving standards of decency’ test. Additional details relating to this subject are accessible through Nate Raymond’s report.
In commentary news, Eric Segall presents a thesis that Donald Trump should not be constitutionally disqualified from the presidency, discussing the concept of ‘originalist chaos’ and Section 3. Segall’s full commentary is available on his Dorf on Law blog.
Moreover, the so-called ‘Nirvana baby’ seeks to reinvigorate child porn claims at the Ninth Circuit, challenging the appellate court to elucidate the 10-year statute of limitations for civil suits filed by victims of child pornography. This matter is covered in depth in Edvard Pettersson’s report for Courthouse News Service.
Finally, Judge Newman has hinted that she may have a role on a District Court while being sidelined from her current position, as reported by Michael Shapiro of Bloomberg Law in his article.
To remain updated with the latest in appellate news, remember to check Howard Bashman’s How Appealing blog.