The appointment of acting Attorney General Matthew Whitaker may be delayed to the government shutdown. Photo Credit: Douglas Graham/CQ Roll Call file photo as reported by Roll Call, 1/11/19.
In December, a federal judge in Texas struck down the Patient Protection and Affordable Care Act, but under appeal, the status of the health care law remains in limbo during a partial government shutdown.
“The partial government shutdown halted a major challenge to the 2010 health care law among other civil litigation on Friday, as Justice Department lawyers sought the same in a challenge from three Senate Democrats to the appointment of Matthew Whitaker as acting attorney general,” reports Rollcall.com.
“The federal court system will start feeling the crunch of the shutdown on Jan. 18 when the Administrative Office of the U.S. Courts estimates it will run out of the court fee balances and other non-appropriated funds that so far allowed for regular operations,” notes an article by Roll Call.
“Courts have been asked to delay or defer non-mission critical expenses, such as new hires, non-case related travel, and certain contracts to stretch funds to that date. Criminal cases are expected to proceed uninterrupted.”
Photo credit: AP File Photo/Rich Pedroncelli, as reported by AP on 1/13/19.
According to the AP, on Sunday, 1/13/19, Judge Haywood Gilliam of California granted a request for a preliminary injunction by California, 12 other states and Washington, D.C., to block Trump administration rules, which would allow more employers to opt out of providing women with no-cost birth control. According to the report, “The plaintiffs sought to prevent the rules from taking effect as scheduled today while a lawsuit against them moved forward… But Gilliam limited the scope of the ruling to the plaintiffs, rejecting their request that he block the rules nationwide.”
Gov. Brown of California announces final judicial appointments during his last few weeks in office. Photo credit: https://www.gov.ca.gov
Less than a week before leaving office, California Gov. Jerry Brown made his final judicial appointments, filling 12 open trial court seats.
“Like many of the approximately 600 judicial appointments Brown has made over the last eight years, the latest batch of soon-to-be bench officers is ethnically diverse and includes many women (nine) and Democrats (10),” The Recorder at law.com reports.
The appointees include Clifford Blakely Jr. and Karin Schwartz in Alameda County; John Devine in Contra Costa County; Vedica Puri to the San Francisco Superior Court; Nicole Isger in Santa Clara County; Terrye Davis in Solano County; Heather Mardel Jones in Fresno County; and Maria Cavalluzzi, Gail Killefer, Pamela M. Villanueva, David Yaroslavsky and Jennifer H. Cops in Los Angeles County.
Brown’s full announcement is posted online.
Sara Corcoran is a correspondent, contributing editor, and founding publisher of the National Courts Monitor & California Courts Monitor.
Sara Corcoran, the Courts Monitor publisher, thinks that the newly emerging cannabis industry can learn a thing or two from the alcohol industry. For example, as the repeal of alcohol prohibition turns 85 years old, the feuds between the “beer and wine” crowd and the “distilled spirits” companies could easily be repeated as cannabis regulation takes shape amid conflicted industry sectors. She is published at CityWatch LA, the regionally prominent Los Angeles-based opinion-and-politics website here.
Royce Lamberth, Senior Judge of the United States District Court for the District of Columbia, participates in the Judiciary’s intercircuit assignments program and helps the Ninth Circuit Court of Appeals with a busy docket. Photo credit: Wikipedia.
Judicial vacancies and other factors have prompted a rise in the number of intercircuit judicial assignments, when judges volunteer in other jurisdictions to ease crushing caseloads.
“The demand for intercircuit assignments increased by 27 percent in 2017 from the previous year, as many courts juggling heavy caseloads looked for relief,” reports the Administrative Office of the U.S. Courts. “The increase was caused primarily by a large number of judicial vacancies. Other factors contributed, such as natural disasters and extended illnesses that temporarily impacted the availability of judges.”
For example, Senior Judge Royce C. Lamberth participates in the Judiciary’s intercircuit assignments program and helps the Ninth Circuit Court of Appeals with a busy docket.
“Intercircuit assignment requests typically are made by the chief judge of a court experiencing high caseloads. They must be approved by the circuit chief, and as required by statute, authorized by the Chief Justice,” the article explains.