How Appealing



Friday, August 31, 2018

“The Impeached President: Ken Starr led the investigation that almost brought down Bill Clinton. Now he tells his side of the story — and sees lessons for today.” Ken Starr will have this essay — in which he mentions D.C. Circuit Judge Brett M. Kavanaugh — in Saturday’s edition of The Wall Street Journal.

Posted at 10:44 PM by Howard Bashman



“Brett Kavanaugh’s Record Shows Push to Restrain the Regulatory State; The Senate on Sept. 4 will begin grilling President Trump’s Supreme Court nominee; A look at his writings reveals what senators will likely find”: Jess Bravin and Brent Kendall of The Wall Street Journal have this report.

And Bravin and Kendall also have an article headlined “The Case That Shaped Brett Kavanaugh’s Thinking on Presidential Power: Court nominee has repeatedly cited ‘Humphrey’s Executor’ as a dilution of president’s executive branch authority.”

Posted at 10:26 PM by Howard Bashman



“Do Public School Students Have Constitutional Rights? The Supreme Court used to answer with a resounding yes. In recent decades, regrettably, it has changed its mind.” Law professor Justin Driver has this essay online at The New York Times.

Posted at 10:22 PM by Howard Bashman



“Inside Kavanaugh’s hearing prep: Mock hearings and faux protesters; The White House is setting up a pair of war rooms in which aides will provide rapid responses as the Supreme Court nominee testifies next week.” Andrew Restuccia, Elana Schor, and Lorraine Woellert of Politico have this report.

Posted at 10:03 PM by Howard Bashman



“‘Liberal Feminist Lawyer’ Stands To Gain From Her Public Advocacy For Brett Kavanaugh; Lisa Blatt is a corporate lawyer and conveniently, Brett Kavanaugh is expected to be a pro-corporate justice”: Amanda Terkel of HuffPost has this report.

Posted at 9:00 PM by Howard Bashman



“How Modern Medicine Has Changed the Supreme Court; Longer lives, longer terms and tougher nomination fights, as well as a premium on youth”: Physicians Dhruv Khullar and Anupam B. Jena have this post at “The Upshot” blog of The New York Times.

Posted at 8:59 PM by Howard Bashman



“Donald Trump’s legal woes shadow Supreme Court nominee Brett Kavanaugh before confirmation hearing”: Richard Wolf of USA Today has this report.

Posted at 9:50 AM by Howard Bashman



Thursday, August 30, 2018

“Justice Anthony Kennedy To Kick Off Inaugural Karsh Event; David Rubenstein Will Interview Retired Jurist for Broadcast at UVA Law”: Eric Williamson of the University of Virginia School of Law has this report.

Posted at 5:46 PM by Howard Bashman



“Trump-appointed judges are shifting the country’s most politically conservative circuit court further to the right; The 5th U.S. Circuit Court of Appeals, which hears cases from Texas, Mississippi and Louisiana, has already welcomed five new judges under President Donald Trump”: Emma Platoff of The Texas Tribune has this report.

Posted at 3:28 PM by Howard Bashman



Wednesday, August 29, 2018

“White House Counsel Don McGahn Will Leave Post in the Fall; President Trump’s announcement catches McGahn and other White House aides by surprise”: Michael C. Bender of The Wall Street Journal has this report.

Julie Hirschfeld Davis, Michael S. Schmidt, and Maggie Haberman of The New York Times report that “Don McGahn to Leave White House Counsel Job This Fall, Trump Says.”

Robert Costa and Robert Barnes of The Washington Post report that “Trump says White House Counsel Donald McGahn will leave his job in the fall.”

Eli Stokol and Noah Bierman of The Los Angeles Times report that “White House counsel Donald McGahn will leave in the fall, Trump announces on Twitter.”

Christal Hayes of USA Today reports that “White House counsel Don McGahn will leave Trump administration in the fall.”

And Gabriella Muñoz and Dave Boyer of The Washington Times report that “Trump confirms White House counsel Don McGahn will step down.”

Posted at 4:06 PM by Howard Bashman



“Departed but Still Deciding?” The Daily Journal of Los Angeles recently posted online this new installment of its Weekly Appellate Report podcast on a topic that’s received much attention here — dead judges voting. You can access earlier installments of the podcast via this link.

Posted at 3:53 PM by Howard Bashman



“Kavanaugh to be introduced by Republicans Rob Portman and Condoleezza Rice, liberal Lisa Blatt”: Ariane de Vogue and Sophie Tatum of CNN have this report.

Posted at 2:02 PM by Howard Bashman



“Democrats have themselves to blame for Trump’s judicial juggernaut”: Columnist David Von Drehle has this essay online at The Washington Post.

Posted at 1:57 PM by Howard Bashman



“Oracle v. Google ain’t over yet — Google vows it’ll appeal to Supreme Court; The decision comes after a federal appeals court declined to rehear the case”: Abrar Al-Heeti of c|net has this report.

Posted at 8:44 AM by Howard Bashman



Tuesday, August 28, 2018

“Trump announces 17th wave of judicial nominees, tabs two women for circuit courts”: Alex Swoyer of The Washington Times has this report.

Sarah D. Wire of The Los Angeles Times reports that “Trump picks 9th Circuit Court nominee for Arizona seat.”

Yvonne Wingett Sanchez of The Arizona Republic reports that “Trump nominates federal judge recommended by senators John McCain, Jeff Flake.”

And Tim Ryan of Courthouse News Service reports that “Trump Announces Six More Judicial Nominees.”

Posted at 8:12 PM by Howard Bashman



“Without a Swing It’s Game Over for Democrats”: At his “Empirical SCOTUS” blog, Adam Feldman has a post that begins, “The Democrats are in a precarious position in the latest battle for a seat on the Supreme Court.”

Posted at 8:07 PM by Howard Bashman



Monday, August 27, 2018

“Appeals court sides with death row inmate Ernest Lee Johnson”: Pat Pratt of The Columbia (Mo.) Daily Tribune has an article that begins, “A Columbia man convicted of murdering three people with a claw hammer will get another chance to argue he should not be executed by lethal injection because his medical condition makes the punishment unconstitutionally cruel.”

You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

Posted at 10:08 PM by Howard Bashman



“Judge Brett Kavanaugh — First Amendment Rulings”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 7:46 PM by Howard Bashman



“Supreme Court ruling could upend thousands of deportation cases, sowing chaos in court”: Daniel González of The Arizona Republic has this report.

Posted at 1:03 PM by Howard Bashman



“Some Reluctant Skepticism About the New Law Clerk Hiring Plan: An important post by Professor Aaron Nielson asks whether the new law clerk hiring plan is broken, and worse than no plan at all.” Will Baude has this post at “The Volokh Conspiracy.”

Posted at 11:00 AM by Howard Bashman