How Appealing



Tuesday, November 19, 2019

“Bill Barr, the Man From 1980; His controversial speeches offer a message to conservative elites: Even under Trump, it will always be the Reagan era.” Columnist Ross Douthat has this essay online at The New York Times.

Posted at 9:36 PM by Howard Bashman



“Class action watchdog Ted Frank files objection to Equifax deal”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:53 PM by Howard Bashman



“Could Justice Thomas Preside over President Trump’s Impeachment Trial?” Josh Blackman and Seth Barrett Tillman have this guest post at the “Balkinization” blog.

Posted at 8:12 PM by Howard Bashman



“Department of Justice Attorneys Uncover Suspected Criminal Activity by Abortion Provider While Litigating Case Now Before SCOTUS; Provider Tries to Hide Evidence from SCOTUS and Prosecutors”: The Louisiana Attorney General’s Office issued this news release yesterday.

Posted at 6:01 PM by Howard Bashman



“The Learned Sixth: Kethledge, Hayek, and ‘executive activism.'” Benjamin Beaton has this post at the “Sixth Circuit Appellate Blog.”

Posted at 5:48 PM by Howard Bashman



“What is this?” That’s the title of today’s first post at a new law blog titled “Summary, Judgment” written by Adam Chilton and Will Baude, both of whom are law professors at the University of Chicago.

Thanks to my blog, I have known Will since he was in law school himself, and he has been a reader of this blog dating back nearly to its launch in May 2002. Will’s newest blog represents no less than the third blog at which I have had the pleasure to link to his posts.

And for those of you (including U.S. Supreme Court Justices, whose mistakes in this regard are now memorialized in oral argument recordings) wishing to learn the correct pronunciation of Will’s last name, I have also had two posts (here and here) providing the answer.

Posted at 1:44 PM by Howard Bashman



“The Supreme Court May Criminalize Immigrant Advocacy; The case could let the government prosecute people for routine legal work or even sympathetic tweets”: Lorelei Laird has this jurisprudence essay online at Slate.

Posted at 1:09 PM by Howard Bashman



“How Conservatives Turned the ‘Color-Blind Constitution’ Against Racial Progress; Progressives used to argue that the Constitution doesn’t see race; Now conservatives have weaponized that same idea”: Theodore R. Johnson has this essay online at The Atlantic.

Posted at 1:00 PM by Howard Bashman



“The Trump lawsuit testing the limits of presidential immunity, explained; Trump v. Mazars is the biggest presidential immunity case since the Nixon administration”: Ian Millhiser has this essay online at Vox.

Posted at 12:56 PM by Howard Bashman



“Remington’s Sandy Hook Dilemma: Settle or Fight On; The Supreme Court didn’t stop a lawsuit against the gun manufacturer; Now it has to weigh the risks of going to court versus cutting a deal.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:38 AM by Howard Bashman



Monday, November 18, 2019

“Supreme Court Justice Elena Kagan talked to George Mason University students about the American legal system; Justice Kagan discussed a variety of topics including her career, advise to aspiring judges and varied processes of the Supreme Court”: C-SPAN has posted online at this link the video of this event from earlier today.

Posted at 10:40 PM by Howard Bashman



“House is investigating whether Trump lied to Mueller, its general counsel told a federal appeals court”: Ann E. Marimow, Spencer S. Hsu, and Rachael Bade of The Washington Post have this report.

Charlie Savage of The New York Times reports that “Impeachment Investigators Exploring Whether Trump Lied to Mueller; As part of the Russia inquiry, President Trump had given written answers to questions from Robert S. Mueller III.”

And Darren Samuelsohn and Josh Gerstein of Politico report that “Judges suggest court shouldn’t solve dispute over Mueller’s evidence; Democrats want access to the secret grand jury information Robert Mueller relied on during his Russia probe.”

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

Posted at 10:26 PM by Howard Bashman



“Undoing Voluntary Dismissals of Class Actions After Baker; The Ninth Circuit held that Rule 60(b)(6) could undo voluntary dismissals that were sought to obtain review of class-certification denials”: Bryan Lammon has this post at his “Final Decisions” blog.

Posted at 10:12 PM by Howard Bashman



“Christine Blasey Ford says her Kavanaugh testimony ‘was simply doing my duty as a citizen'”: Alex Horton of The Washington Post has this report.

Chandelis Duster of CNN reports that “Christine Blasey Ford says she’s ‘thankful’ to have started a national conversation about sexual assault.”

Nick Givas of Fox News reports that “Christine Blasey Ford urges Americans to believe Trump’s impeachment witness while receiving ACLU courage award.”

And Rebecca Klar of The Hill reports that “Christine Blasey Ford receives ACLU courage award.”

You can access on YouTube a video titled “Kavanaugh accuser receives ACLU ‘Courage Award.’

Posted at 10:10 PM by Howard Bashman



“Chief Justice Gives Trump Temporary Reprieve in Financial Records Case; John Roberts blocked an appeals court ruling requiring disclosure of the records while the Supreme Court considers how to proceed”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court puts temporary hold on Trump financial records ruling.”

Alex Swoyer of The Washington Times reports that “Supreme Court halts turnover of Trump tax returns.”

Greg Stohr of Bloomberg News reports that “Supreme Court Temporarily Halts House Bid for Trump Records.”

Pete Williams of NBC News reports that “Supreme Court puts hold on House subpoena for Trump financial records; Democrats said they needed the documents to investigate whether the president accurately filled out required disclosure forms.”

Ariane de Vogue of CNN reports that “Supreme Court stops Trump financial documents from going to House on Wednesday.”

Ronn Blitzer of Fox News reports that “Supreme Court temporarily blocks release of Trump tax returns.”

And Harper Neidig of The Hill reports that “Supreme Court temporarily blocks House subpoena of Trump financial records.”

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

Posted at 9:57 PM by Howard Bashman



“Patrick Bumatay — Nominee to the U.S. Court of Appeals for the Ninth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 11:45 AM by Howard Bashman



“How to Attend Oral Arguments at the Supreme Court; An in-depth look at the written and unwritten rules to attend oral argument at the Supreme Court”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 11:42 AM by Howard Bashman



“Mueller grand-jury material urgently needed for impeachment inquiry, Congress tells court”: Ann E. Marimow of The Washington Post has an article that begins, “A federal appeals court in Washington on Monday is set to consider whether the Justice Department must immediately release to Congress secret grand-jury materials from former special counsel Robert S. Mueller III’s investigation.”

After registering for access, you can listen online live to the oral argument of this appeal, already underway at the time this post was first published, via this link.

Posted at 9:37 AM by Howard Bashman



“With presidential election looming, Supreme Court should take a lesson from Bush v. Gore and pass on questions over Trump’s taxes”: Columnist Dahleen Glanton has this essay online at The Chicago Tribune.

Posted at 8:35 AM by Howard Bashman



“‘The Plural Text’ and the Death of Legal Meaning”: Robin Ridless has this post at the “Law & Liberty” blog.

Posted at 8:32 AM by Howard Bashman



“For Supporters Of Abortion Access, Troubling Trends In Texas”: Ashley Lopez of Austin’s NPR Station KUT 90.5 had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 8:30 AM by Howard Bashman



Sunday, November 17, 2019

“Barr Suggests Impeachment Inquiry Undermines Voters’ Intent; The attorney general strongly defended President Trump’s assertions of executive power”: Katie Benner of The New York Times has this report.

Hannah Knowles of The Washington Post reports that “Attorney General Barr accuses Democrats of ‘war’ on Trump in speech decried as partisan.”

Rowan Scarborough of The Washington Times reports that “Attorney General Barr blasts progressives’ anti-Trump ‘resistance’; They ‘see themselves as engaged in a war to cripple, by any means necessary, a duly elected government.’

Tammy Kupperman, David Shortell, and Katelyn Polantz of CNN have a report headlined “Barr slams Democrats and courts: Avalanche of subpoenas is designed to ‘incapacitate the executive branch.’

Chris Strohm of Bloomberg News reports that “Barr Attacks Trump Opponents, Democrats in Fiery Speech.”

And Mary Papenfuss of HuffPost reports that “William Barr’s Partisan ‘Authoritarian’ Trump Defense Triggers Calls For His Impeachment; The attorney general drew backlash after calling Democratic ‘resistance’ against the president a dangerous ‘holy mission.’

The U.S. Department of Justice has posted the Attorney General’s remarks online at this link.

And the Federalist Society has posted the video of the Attorney General’s remarks online at this link.

Posted at 3:18 PM by Howard Bashman



“There’s New Proof That Trump Officials Lied Under Oath About the Census Citizenship Question; Will they be punished for it?” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 2:56 PM by Howard Bashman



“Will Crain defeats Hans Liljeberg in runoff for Louisiana Supreme Court seat”: John Simerman of The Times-Picayune of New Orleans has this report.

Posted at 2:46 PM by Howard Bashman



Saturday, November 16, 2019

“Solum on Posner and the Descriptive/Normative Gap in Originalist Theory”: Eric Segall has this post at “Dorf on Law.”

Posted at 10:26 PM by Howard Bashman



“Booze, Gunshots and White Castle: Three Judges Are Suspended for Brawl; After finding the strip club next door closed, judges who were in Indianapolis for a conference got into a fight that left two of them hospitalized”: John Ismay has this article in today’s edition of The New York Times.

Posted at 10:00 PM by Howard Bashman



“How to Rein In an All-Too-Powerful Supreme Court: Congress should empower itself to more easily overturn Supreme Court decisions.” Law professor Ganesh Sitaraman has this essay online at The Atlantic.

Posted at 9:56 PM by Howard Bashman



“Gorsuch to Federalist Society: Opponents may fire ‘slings and arrows’ but ‘I’m still here.'” Ryan Lovelace of The Washington Times has this report.

Posted at 9:40 PM by Howard Bashman