How Appealing



Wednesday, November 6, 2024

“Sam Bankman-Fried And Diddy’s Appellate Ace: Alexandra Shapiro; A former RBG clerk, Manhattan federal prosecutor, and Latham partner, Shapiro now handles high-profile cases at her own litigation boutique.” You can access today’s new episode of David Lat’s “Original Jurisdiction” podcast via this link.

Posted at 2:16 PM by Howard Bashman



“Arizona Pro-Abortion Measure Wins, While Nebraska and Florida Fall Short; Florida proposal fails after falling short of 60% threshold; Ballot initiatives in New York and Maryland have won”: Kelsey Butler of Bloomberg News has this report.

Posted at 11:48 AM by Howard Bashman



“US Fights Girardi Bid to Quash Conviction for Lack of Competency; Defense says convicted lawyer should not have stood trial; Government counters that cognitive issues were resolved”: Isaiah Poritz of Bloomberg Law has this report.

Posted at 11:45 AM by Howard Bashman



“Circuits split over Biden’s contractor minimum wage mandate; The Ninth and 10th Circuits are at odds over the Biden administration’s $15 minimum wage for government contractors”: Joe Duhownik of Courthouse News Service has this report.

Posted at 11:44 AM by Howard Bashman



“Second Trump Term Opens Door to Even More Conservative Judges; Trump expected to veer from Federalist Society; Older, more moderate judges need to make room”: Tiana Headley, Jacqueline Thomsen, and Andrew Wallender of Bloomberg Law have this report.

And in related coverage, Suzanne Monyak of Bloomberg Law reports that “Liberals Face More Conservative Courts to Fight Trump Policies; Circuit courts have become more conservative since 2017; Shift leaves progressive litigation with fewer friendly venues.”

Posted at 11:42 AM by Howard Bashman



Tuesday, November 5, 2024

“Anti-vax doctors urge SCOTUS to open airwaves to medical disinformation; The doctors claim ‘scientific gobbledygook’ from medical associations has sidelined critical viewpoints”: Kelsey Reichmann of Courthouse News Service has this report.

You can view the Application for Injunction at this link.

Posted at 4:57 PM by Howard Bashman



“‘A post-Chevron world’: DC Circuit wrestles with agency authority in fishing boat spat; After the Supreme Court overturned the longstanding doctrine of deference to agencies, it sent the case back to the D.C. Circuit to deal with the fallout.” Ryan Knappenberger of Courthouse News Service has this report.

You can access the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link.

Posted at 4:42 PM by Howard Bashman



“No, the Supreme Court Wouldn’t Tip the Election for Trump. Although most of them are conservative, the justices won’t be overtly partisan. They learned their lesson after Bush v. Gore.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Also online at Bloomberg Opinion, law professor Stephen L. Carter has an essay titled “Post-Election Lawsuits Are Bad for Democracy; Litigating votes reinforces the view of whichever side loses that, somewhere along the way, they’ve been cheated.”

Posted at 4:38 PM by Howard Bashman



“Biden’s $15 wage mandate for federal contractors struck down by court”: Howard Fischer of Arizona Capitol Times has this report.

Daniel Wiessner of Reuters reports that “Trump-appointed US judges say Biden can’t dictate federal contractor minimum wage.”

And Robert Iafolla of Bloomberg Law reports that “Biden’s $15 Federal Contractor Wage Rule Nixed by Ninth Cir.; Two Trump appointees squash Labor Department measure; Ninth Circuit case one of three challenges to wage boost.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 4:33 PM by Howard Bashman



“Liberals Won’t Beat the Supreme Court With Legal Arguments Alone; Their interests are being litigated with deftness and aplomb, but more needs to be done outside the courtroom to start turning the tide”: Steve Kennedy has this essay online at The New Republic.

Posted at 4:25 PM by Howard Bashman



Monday, November 4, 2024

“SCOTUS punts on review of standard that helped mentally disabled man avoid death penalty; Over a dozen states wrote in support of Alabama’s appeal, claiming that protections against cruel and unusual punishment have eroded their ability to address crime”: Ryan Knappenberger and Kelsey Reichmann of Courthouse News Service have this report.

And John Fritze of CNN reports that “Supreme Court orders more review of Alabama’s request to execute inmate courts said is intellectually disabled.”

Posted at 3:14 PM by Howard Bashman



“This Retired General Settled the 9/11 Case. Then the Defense Secretary Took Charge. Susan Escallier’s approval of a plea deal, one of the most important decisions in the history of Guantánamo Bay’s war court, has drawn attention to her role and the dysfunctional military commissions.” Carol Rosenberg of The New York Times has this report.

Posted at 10:34 AM by Howard Bashman



“The Great Big Pre-Election Freedom and Democracy Show: We have to think big if we’re going to get through this.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 9:57 AM by Howard Bashman



“107. Presidents and Justices: On the eve of the presidential election, a brief reflection on the quirky and unpredictable math of Supreme Court appointments per presidential term.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:55 AM by Howard Bashman



“Election Threatens to Upend Biden Battles at US Supreme Court; Trump expected to flip US positions, if he wins; Disputes over ‘ghost guns,’ transgender rights likely targets”: Lydia Wheeler of Bloomberg Law has this report.

Posted at 9:51 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one case and noted probable jurisdiction in two related cases.

And the Court issued a per curiam decision, vacating the judgment of the U.S. Court of Appeals for the Eleventh Circuit, in Hamm v. Smith, No. 23–167.

Posted at 9:44 AM by Howard Bashman



Sunday, November 3, 2024

“Voters Are Poised to Reshape Abortion Access, From Missouri to Montana; Ten states are set to vote on ballot measures that could restore points of access in the South and elsewhere”: Laura Kusisto and Jennifer Calfas of The Wall Street Journal have this report.

Posted at 9:51 PM by Howard Bashman



“The soul of ‘election day’; There isn’t one”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 9:48 PM by Howard Bashman



“Judicial Notice (11.03.24): Judgment Day; A big win for Kirkland and Covington, district judges going rogue, a major circuit split, and a potentially consequential partner departure.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:38 PM by Howard Bashman



“U.S. Supreme Court Justice Elena Kagan ’81 and Nobel Prize-winning economist David Card *83 to receive top alumni awards”: Princeton University has issued this news release.

Posted at 9:34 PM by Howard Bashman



“Supreme Court Justice Ketanji Brown-Jackson Discusses Life and the Law at Howard Law School”: Adeshola Akintobi and Brittany Bailer of The Dig of Howard University have this report.

Posted at 9:32 PM by Howard Bashman



Saturday, November 2, 2024

“A Way Out of Mexico’s Constitutional Crisis? One Idea for Compromise Emerges. A lone voice on Mexico’s Supreme Court has proposed a way to ease the political tensions that have arisen over a judicial overhaul. But big obstacles could prevent any deal.” Simon Romero and Paulina Villegas of The New York Times have this report.

Posted at 1:27 PM by Howard Bashman



“The Fifth Circuit Was Wrong — Counting Timely-Cast Remote Votes That Are Received After Election Day is as Old as the Founding.” Rich Bernstein has this post online at the Society for the Rule of Law.

Posted at 1:11 PM by Howard Bashman



“Contested state supreme court seats are site of hidden battle for abortion access; Judges are on ballot in election swing states such as Arizona and Florida whose courts recently upheld abortion bans”: Carter Sherman of The Guardian has this report.

Posted at 1:09 PM by Howard Bashman



“How the Antiabortion Movement Became a Cause Without a Candidate; The groups rode high when Roe was overturned; Now, they’re splintered on strategy and facing state-level defeats after Trump and the GOP pulled back support, wary of election liability”: Laura Kusisto of The Wall Street Journal has this report.

Posted at 1:07 PM by Howard Bashman



Friday, November 1, 2024

“The Campaign against Justice Gorsuch’s New Book Is an Embarrassment; An effort to discredit Justice Gorsuch is overhyped and misleading”: Dan McLaughlin has this essay online at National Review.

Posted at 9:39 PM by Howard Bashman



“Supreme Court Rejects Bid to Block Count of Some Pennsylvania Provisional Ballots; Republicans had asked the justices to pause a state court order requiring election boards to count provisional ballots by voters whose mail-in ballots were deemed invalid”: Abbie VanSickle of The New York Times has this report.

And Justin Jouvenal and Colby Itkowitz of The Washington Post report that “Supreme Court allows Pennsylvania voters to fix faulty absentee ballots; The Supreme Court cleared the way for Pennsylvania voters to submit provisional ballots as a remedy for improperly cast absentee ballots in the presidential election.”

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 9:14 PM by Howard Bashman