"A weekly roundup of just a few items from Howard Bashman's How Appealing blog, the Web's first blog devoted to appellate litigation. Check out these stories and more at How Appealing. "Fed Independence Reaches Its Moment of Truth as Supreme Court Weighs Cook's Fate; High court to decide whether Trump can remove board member, which former officials see as threat to central bank independence": Nick Timiraos of The Wall Street Journal has this report."
""Bonus 179: The Stare Decisis-Free Docket; The Court's recent treatment of Humphrey's Executor may only encourage lower-court judges to do exactly what Justices Gorsuch and Kavanaugh purported to rail against in August: not follow precedents." Steve Vladeck has this post at his "One First" Substack site. "The Situation: Choose Your Own Adventure: Lindsey Halligan Edition; Any way you play, you lose." Benjamin Wittes and Anna Bower have this post online at the "Lawfare" blog."
The Supreme Court will decide whether the president can remove a Federal Reserve board member, raising concerns about threats to central bank independence. The Eleventh Circuit affirmed a conviction for using a car to terrorize a Black family on a Florida road under a law targeting racial violence on government property. Justice Amy Coney Barrett defended the Court's rulings and jurisprudence amid claims of bias following a string of shadow-docket decisions. Several judges urged the Justices to provide clearer guidance for emergency-docket decisions. Commentary warned that the Court's treatment of Humphrey's Executor could encourage lower courts to disregard precedents. A legal analysis framed the Lindsey Halligan matter as a no-win situation.
Read at Above the Law
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