How Appealing



Saturday, November 30, 2019
Friday, November 29, 2019

“DeSantis is reshaping Florida’s courts — with the Federalist Society’s help; But DeSantis’ staff has been accused of breaking judicial norms in the process”: Lawrence Mower of The Tampa Bay Times has this report.

Posted at 3:06 PM by Howard Bashman



“Would Republicans Follow Their Garland Rule for the Court in 2020? Justice Ruth Bader Ginsburg’s health scare raised the question of how the Senate would handle a high court vacancy in a presidential election year.” Carl Hulse has this new installment of his “On Washington” column online at The New York Times.

Posted at 3:04 PM by Howard Bashman



Thursday, November 28, 2019

“Supreme Court Hears Case Involving Blackbeard’s Ship, State And Property Rights”: Jacob Goldstein had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 10:02 PM by Howard Bashman



“Kansas Supreme Court blocks retrial despite judge’s admitted snoozing”: Tim Carpenter of The Topeka Capital-Journal has an article that begins, “The Kansas Supreme Court unanimously concluded Wednesday a Sedgwick County man’s firearms convictions shouldn’t be automatically reversed because the district court judge fell asleep in front of the jury during proceedings on the first day of the trial.”

You can access Wednesday’s unanimous ruling of the Supreme Court of Kansas at this link.

Posted at 9:32 PM by Howard Bashman



Wednesday, November 27, 2019

“Open Access: SCOTUS will consider whether publishers can copyright annotated state codes.” Mark Walsh has this article online at ABA Journal.

Posted at 1:10 PM by Howard Bashman



“Trump Keeps Losing in Court. But His Legal Strategy Is Winning Anyway. As fights over the president’s stonewalling of Congress play out slowly in courts, he is reducing the prospect that voters learn new damaging facts about him before the 2020 election.” Charlie Savage of The New York Times has this report.

Posted at 1:08 PM by Howard Bashman



“Bronx man, battling own legal woes, brings gun rights case to U.S. Supreme Court”: Andrew Chung of Reuters has this report.

Posted at 9:54 AM by Howard Bashman



Mind your manners — Eleventh Circuit holds that especially polite bank robber did not merit “threat-of-death” Sentencing Guidelines enhancement: You can access yesterday’s per curiam ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

I agree with David Oscar Markus, who notes at his “SDFLA Blog” that the opinion’s entertaining writing style suggests that Circuit Judge Robin S. Rosenbaum was its author.

It is also noteworthy that federal prosecutors agreed with the defendant-appellant that the district court’s imposition of this sentencing enhancement was improper, which resulted in the Eleventh Circuit’s appointment of amicus counsel to argue in favor of affirmance.

Posted at 8:36 AM by Howard Bashman



Tuesday, November 26, 2019

“Courts’ Role in Impeachment Inquiry Could Be Eclipsed; A Senate trial could give Democrats more access to key witnesses”: Byron Tau of The Wall Street Journal has this report.

Posted at 10:35 PM by Howard Bashman



“The Curious Case of Aurelius Capital v. Puerto Rico: How a hedge fund’s efforts to take the island territory to the cleaners wound up before the Supreme Court — with ordinary Puerto Ricans arguing in the hedge fund’s favor.” Jesse Barron will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

Posted at 8:44 PM by Howard Bashman



“As Trump cases arrive, Supreme Court’s desire to be seen as neutral arbiter will be tested”: Robert Barnes and Ann E. Marimow of The Washington Post have this report.

Posted at 7:42 PM by Howard Bashman



“Thanksgiving at the Supreme Court; Two notable opinions on speech and the non-delegation doctrine”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 1:33 PM by Howard Bashman



“Supreme Court won’t hear appeal for new trial in ‘Serial’ case. What’s next for Adnan Syed?” Ryan W. Miller of USA Today has this report.

Posted at 1:30 PM by Howard Bashman



“Takeaways from a busy day in courts on the impeachment inquiry”: Katelyn Polantz, Joan Biskupic, and Jeremy Herb of CNN have this report.

Posted at 1:22 PM by Howard Bashman



“A heartbreaking Supreme Court case could be a huge win for the Christian right; It’s a genuinely tough case with no good answers”: Ian Millhiser has this essay online at Vox.

Posted at 1:04 PM by Howard Bashman



“Conservative Hypocrisy Makes Its Case at the Supreme Court; Lawyers on the right are advancing arguments they once rejected on principle”: Law professor Aaron Tang has this essay online at The New York Times.

Posted at 12:54 PM by Howard Bashman



“Brett Kavanaugh’s latest opinion should terrify Democrats; The Supreme Court now has five votes to sabotage the next Democratic presidency”: Ian Millhiser has this essay online at Vox.

Posted at 8:50 AM by Howard Bashman



“Worshipping the Law While Denying Its Spirit: C. S. Lewis’s parable Screwtape provides a chilling allegory for the moral free fall America is now in.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 8:45 AM by Howard Bashman



“Understanding the two Mazars subpoena cases pending in the Supreme Court”: Marty Lederman has this post at the “Balkinization” blog.

Posted at 8:37 AM by Howard Bashman



Monday, November 25, 2019

“Conservatives Have a New Defense for Anti-Gay Discrimination; How Justice Kagan’s invocation of the plain language of the law has come under attack”: Law professor Andrew Koppelman has this essay online at The American Prospect.

Posted at 10:32 PM by Howard Bashman



“Dan Markel murder: Jury deadlocked at 10-2 in Katherine Magbanua mistrial.” Earlier this month, Karl Etters of The Tallahassee Democrat had an article that begins, “Katherine Magbanua narrowly escaped being convicted in Dan Markel’s murder by a hung jury deadlocked in a 10-2 vote in favor of guilty.”

Posted at 10:20 PM by Howard Bashman