Free Republic

In Agudath Israel of America v. Cuomo, (2d Cir., Nov. 9, 2020), the U.S. 2nd Circuit Court of Appeals in a 2-1 decision refused to grant an injunction pending appeal to a group of Jewish synagogues and to the Catholic Diocese of Brooklyn in a case challenging New York Gov. Andrew Cuomo's restrictions on spots in which clusters of COVD-19 cases have broken out. (See prior posting.) The majority said in part: The Court fully understands the impact the executive order has had on houses of worship throughout the affected zones. Nevertheless, the Appellants cannot clear the high bar necessary...

The Senate confirmed Michael Park to be a judge on the 2nd U.S. Circuit Court of Appeals on Thursday, making him the 39th circuit court judge to be confirmed under President Trump in a process on a record pace that is steadily reshaping the bench. Judge Park joins Joseph Bianco, confirmed earlier this week, on that bench, bringing the number of Republican-appointed active judges on the chief 2nd Circuit panel to six. With two more vacancies by this summer, Mr. Trump will soon have a chance to flip control of the circuit, which currently has seven Democratic appointees. Mr. Trump...

Senate Democrats signaled Wednesday that their next target among President Trump’s judicial nominees will be Michael Park, saying he’s been tainted by his work on behalf of conservative clients. Mr. Park would be the first Korean American judge on the 2nd U.S. Circuit Court of Appeals — but Democrats said that historic accomplishment isn’t enough to overcome their fears that he would display a conservative judicial philosophy. Senate Minority leader Chuck Schumer led the opposition from the chamber floor, saying his work as an attorney involved trying to undermine the Affordable Care Act, roll back affirmative action and defund Planned...