How Appealing



Monday, July 15, 2024

“Making Sense of the Moody Opinions In NetChoice; I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 3:09 PM by Howard Bashman



“Trump’s classified-documents case dismissed by Judge Aileen Cannon; The Florida judge accepted a long-shot legal argument, embraced by conservatives, that special counsel Jack Smith was improperly appointed”: Devlin Barrett and Perry Stein of The Washington Post have this report.

Charlie Savage of The New York Times reports that “Cannon’s Dismissal of Trump Case Rejects Precedents of Higher Courts; Her decision rejected what the Supreme Court said in a landmark ruling in 1974.”

C. Ryan Barber and Sadie Gurman of The Wall Street Journal report that “Federal Judge Dismisses Classified Documents Prosecution Against Trump; Judge Aileen Cannon finds special counsel was unlawfully appointed.”

Aysha Bagchi of USA Today reports that “Trump classified documents case dismissed based on ‘unconstitutional’ prosecutor appointment.”

Tom Howell Jr. and Stephen Dinan of The Washington Times report that “Judge dismisses classified documents indictment against Donald Trump.”

And Kyle Cheney, Josh Gerstein, and Betsy Woodruff Swan of Politico report that “Judge dismisses Trump’s Mar-a-Lago classified docs criminal case; Cannon concluded that special counsel Jack Smith’s appointment violated the Constitution.”

You can access today’s ruling of the U.S. District Court for the Southern District of Florida at this link.

Posted at 3:02 PM by Howard Bashman



“Judicial Notice (07.14.24): ‘Scorching Prejudice’; Alec Baldwin’s ‘dream team,’ shocking allegations against a (former) federal judge, a juicy suit over law faculty hiring, and Paul Hastings’s latest big-name hire.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:06 PM by Howard Bashman



“Opinionpalooza: This SCOTUS Decision Is Actually Even More Devastating Than We First Thought; While we were worrying about the blockbuster decision to overturn Chevron, the court decided a clutch of other cases that will supercharge the dismantling of government as we know it.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 1:02 PM by Howard Bashman



“After Eight Turbulent Years, A.C.L.U.’s Legal Director to Step Down; As the Supreme Court veered to the right, David D. Cole oversaw hundreds of lawsuits against the Trump administration and helped secure more wins than losses before the justices”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 12:56 PM by Howard Bashman



Sunday, July 14, 2024
Saturday, July 13, 2024

“Senate Judiciary Committee sinks Biden judicial nominee Sarah Netburn; Democratic Sen. Jon Ossoff votes with GOP to defeat nomination”: Alex Swoyer of The Washington Times has this report.

Julia Johnson of Fox News reports that “Dem senator helps block Biden judicial nominee amid controversy over transgender inmate.”

Tiana Headley of Bloomberg Law reports that “New York Federal Court Nominee Rejected by Senate Committee; Democrat Ossoff voted against Sarah Netburn, no GOP support; Democrats hold one seat majority on Senate Judiciary panel.”

Alexander Bolton of The Hill reports that “Ossoff votes with Republicans to block controversial Biden nominee.”

Nate Raymond of Reuters has a report headlined “In a first, US Senate panel rejects Biden judicial nominee in New York.”

And Benjamin S. Weiss of Courthouse News Service reports that “NYC federal court nominee falters after Dem defection; Georgia Senator Jon Ossoff, citing concerns about the nominee’s recommendation to transfer a trans woman to a women’s prison, singlehandedly tanked a vote in the Senate Judiciary Committee.”

Posted at 9:50 AM by Howard Bashman



“George W. Bush Aims for Strong Start on Judicial Nominations; But lots of challenges lie in his way”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 9:42 AM by Howard Bashman



Friday, July 12, 2024

“The Message of the Supreme Court’s Wild Ride of a Term: The anxiety about distinguishing a President from a king, which framed this Court term, is inextricably intertwined with the end-of-democracy theme of the 2024 Presidential race.” Law professor Jeannie Suk Gersen has this Daily Comment online at The New Yorker.

Posted at 10:24 PM by Howard Bashman



“Democrats Shine Spotlight on 1873 Abortion Law, Despite Risks; Whether to try to overturn Comstock law presents dilemma for abortion-rights supporters”: Liz Essley Whyte and Laura Kusisto of The Wall Street Journal have this report.

Posted at 10:18 PM by Howard Bashman



“MoloLamken Releases 2024 Supreme Court Business Briefing”: You can access the news release here and the briefing itself here.

Posted at 1:22 PM by Howard Bashman



Survey for lawyers who practice at the Ninth Circuit: A reader has emailed asking me to post the following request:

Dear Ninth Circuit practitioners,

The Appellate Lawyer Representatives to the Ninth Circuit are conducting a Survey of Practitioners.

The results will be presented to the Judges of the Ninth Circuit at a meeting at the end of July.

Here is the survey: https://www.surveymonkey.com/r/6W7PKSS

The survey should take only around 10 minutes to answer. This is a terrific opportunity to provide your feedback to the Court about practice in the Ninth Circuit.

We are seeking input from all practitioners who appear in the Ninth Circuit — whether you specialize in appellate practice or only handle an occasional appeal.

Your responses will remain anonymous — really. (All responses are anonymous when submitted, and are accessible only by a small group of lawyer representatives; no identifying information will be provided to the Court.)

Responses are due by noon on Friday, July 19, so don’t delay. Respond today!

Thank you,

Appellate Lawyer Representatives to the Ninth Circuit

Posted at 1:18 PM by Howard Bashman



“West Virginia and Idaho ask Supreme Court to decide whether states can enforce anti-transgender sports bans”: Devan Cole of CNN has this report.

Posted at 8:02 AM by Howard Bashman



Thursday, July 11, 2024

“Democrats Escalate Election Year Pressure on Supreme Court; Liberal lawmakers target conduct of Justices Clarence Thomas and Samuel Alito in maneuvers that Republicans see as sour grapes”: Jess Bravin of The Wall Street Journal has this report.

Posted at 10:57 PM by Howard Bashman



“Prosecutor Linked to Alaska Judge Harassment Scandal Is Demoted; Report finds judge received nudes from senior prosecutor; Alaska defense bar wants convictions reexamined”: Ben Penn and Suzanne Monyak of Bloomberg Law have this report.

Nate Raymond of Reuters reports that “Democratic lawmakers say Alaska judge’s misconduct shows need for reforms.”

And earlier, Jeff Landfield of The Alaska Landmine reported that “U.S. District Court Judge Josh Kindred’s resignation raises some serious questions.”

Posted at 4:50 PM by Howard Bashman



Wednesday, July 10, 2024

“Project 2025 Is Taking Its Cues From the Supreme Court’s Worst Decisions; Some of Project 2025’s most unhinged policy positions arise directly out of the Republican justices’ recent handiwork”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 11:08 PM by Howard Bashman



“Whoops, the progressive road to nirvana ran into a Supreme Court detour; Two Supreme Court rulings block the progressive drive to concentrate power in the executive branch”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 11:02 PM by Howard Bashman



“Cohen Asks the Supreme Court to Let Him Sue Trump Over His Imprisonment; For decades, the court has been reluctant to allow lawsuits against individual federal officials; Donald Trump’s fixer-turned-nemesis believes he has found an exception”: Ben Protess and Maggie Haberman of The New York Times have this report.

Posted at 10:58 PM by Howard Bashman



Tuesday, July 9, 2024

“States and Creditors for Purdue Pharma Threaten Sacklers With Gush of Lawsuits; Legal maneuverings followed a Supreme Court ruling last month that denied the Sackler family immunity from liability over its role in the opioid crisis”: Jan Hoffman of The New York Times has this report.

Posted at 10:33 PM by Howard Bashman



“Supreme Court’s Trump immunity ruling shows risk of Jack Smith’s approach; The conservative high court often disapproves of how the Justice Department charges public corruption; Donald Trump’s Jan. 6 case was no exception”: Devlin Barrett of The Washington Post has this report.

Posted at 10:30 PM by Howard Bashman



“Democrats Seek Criminal Investigation of Justice Thomas Over Travel and Gifts; The senators said the Supreme Court justice’s failure to disclose lavish gifts and luxury travel showed a ‘willful pattern of disregard for ethics laws’”: Maya C. Miller of The New York Times has this report.

And Justin Jouvenal of The Washington Post reports that “Democratic lawmakers seek criminal investigation of Justice Thomas; Sens. Sheldon Whitehouse and Ron Wyden want a special counsel to investigate Supreme Court Justice Clarence Thomas for possible tax and ethics violations.”

Posted at 10:20 PM by Howard Bashman



“A Wall Street Law Firm Wants to Define Consequences of Israel Protests; Sullivan & Cromwell is requiring job applicants to explain their participation in protests; Critics see the policy as a way to silence speech about the war”: Emily Flitter of The New York Times has this report.

Posted at 9:55 PM by Howard Bashman



“Is ‘Text, History, and Tradition’ Alive and Well?” You can access today’s new episode of the “Advisory Opinions” podcast via this link.

Posted at 9:45 PM by Howard Bashman



“A conservative Warren court; The Roberts Supreme Court faces the same critiques from its critics as Warren’s”: Law professor Richard M. Re has this essay online at The Washington Post.

Posted at 9:30 PM by Howard Bashman



“Justice Sonia Sotomayor’s security detail shoots man during attempted carjacking, authorities say”: Lindsay Whitehurst of The Associated Press has this report.

And Josh Boswell and Peter Semler of The Daily Mail (UK) have an article headlined “Sonia Sotomayor saved from danger: Supreme Court Justice’s bodyguard shoots gun-wielding suspect who tried to steal his car outside her DC home; Kentrell Flowers, 18, of DC, was arrested and charged in the July 5 incident; Attempted carjacking took place outside Justice Sonia Sotomayor’s condo.”

Posted at 9:26 PM by Howard Bashman



Monday, July 8, 2024

“Proliferating Recusal Demands Threaten the Judiciary; Activist groups are trying to force judges off cases by claiming dubious conflicts of interest”: Theodore B. Olson will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 9:12 PM by Howard Bashman



“The Supreme Court folds; Faced with the most potent threat to democracy in more than a century, our most revered institution didn’t just fail to hold, it aligned itself with the threat”: Radley Balko has this essay online at his Substack site, “The Watch.”

Posted at 9:03 PM by Howard Bashman



“It’s Impossible to Overstate the Damage Done by the Supreme Court in This Term; The effects of the high court’s rulings will be enduring and almost impossible to overturn without a serious reckoning by Democratic lawmakers”: Elie Mystal has this essay online at The Nation.

Posted at 9:00 PM by Howard Bashman