How Appealing



Monday, February 10, 2020

“How the Supreme Court Could Gut Reproductive Rights Without Ruling on a Single Abortion Restriction”: Jordan Smith of The Intercept has this report.

Posted at 12:38 PM by Howard Bashman



“Congressional Oversight Goes to Court: Even with the end of the impeachment trial, legal battles over access to the President’s financial records and other documents continues.” Jonathan H. Adler — who coincidentally will be the second blogger from “The Volokh Conspiracy” to be speaking at this May’s Third Circuit judicial conference — has this post at “The Volokh Conspiracy.”

Posted at 11:15 AM by Howard Bashman



“Chief Justice’s Impeachment Handbook: Determined Minimalism; The restrained approach of Chief Justice John G. Roberts Jr. to what he called his ‘ill-defined responsibilities’ did not please liberals; But it insulated him from combustible confrontations.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 11:07 AM by Howard Bashman



“Should Delaware be able to make courts politically balanced? US Supreme Court to hear case.” Esteban Parra of The News Journal of Wilmington, Delaware has this report.

Posted at 8:40 AM by Howard Bashman



Sunday, February 9, 2020

“Judicial Engagement State Forum — Minnesota”: The Institute for Justice is hosting this event in Minneapolis on February 20, 2020. Justice G. Barry Anderson of the Supreme Court of Minnesota will be delivering the keynote address.

The Institute for Justice will be hosting a similar judicial engagement state forum focusing on Pennsylvania in Philadelphia on Thursday, May 14, 2020 for which I have been invited (and have accepted the invitation) to give the keynote address. Stay tuned for additional details on what promises to be a very interesting and worthwhile program. You can attend both the IJ’s event and the Third Circuit’s Judicial Conference (see post immediately below), which is what I’m planning to do.

Posted at 10:14 PM by Howard Bashman



2020 Third Circuit Bench and Bar Conference Registration now available online: Via this link. You can view the conference’s agenda at this link.

Law bloggers Tom Goldstein and Eugene Volokh will join journalist/commentator Linda Greenhouse on a program titled “Media and Judicial Independence” taking place on Friday, May 15, 2020. Too bad the Third Circuit itself isn’t home to any notable legal bloggers.

Posted at 9:48 PM by Howard Bashman



“Ruth Bader Ginsburg: Senate exemplifies trend of sticking with ‘one’s own home crowd.'” Caroline Kelly of CNN has this report.

Posted at 7:22 PM by Howard Bashman



Saturday, February 8, 2020

“10 tips for making travel easier: Maximize your waking hours at home, and minimize your waking hours on the road.” Josh Blackman — who certainly does his fair share of traveling — has this post at “The Volokh Conspiracy.”

Next up on my agenda is launching a new blog inspired by “The Points Guy,” “One Mile at a Time,” and “View from the Wing” for lawyers seeking to maximize their points and mileage earnings from credit cards and traveling.

Posted at 1:40 PM by Howard Bashman



“Ex-Philadelphia cop freed after years without charges in child porn probe”: Jeremy Roebuck of The Philadelphia Inquirer has an article that begins, “A former Philadelphia police sergeant has been released after spending nearly five years in federal detention for failing to unlock encrypted hard drives on which investigators believed he was storing child pornography. The U.S. Court of Appeals for the Third Circuit ruled 2-1 Thursday that federal law allows the government to hold someone for no longer than 18 months for civil contempt.”

My earlier coverage of Thursday’s Third Circuit ruling can be accessed here.

Posted at 1:23 PM by Howard Bashman



“Florida Voted to Give 1.4 Million Felons the Right to Vote. It Hasn’t Gone Smoothly. Primary registration deadline looms in critical swing state.” Arian Campo-Flores and Jon Kamp of The Wall Street Journal have this report.

Posted at 1:14 PM by Howard Bashman



Friday, February 7, 2020

“Are the Courts Beginning to Move in Favor of Trump’s Immigration Policies?” Jonathan Blitzer has this post online at The New Yorker.

Posted at 8:50 PM by Howard Bashman



“The Republican Party Has Embraced Its Worst Self; Trump’s acquittal is a reminder that history doesn’t always move forward; Reaction and retrenchment often triumph”: Columnist Jamelle Bouie has this essay online at The New York Times in which he discusses, among other things, several U.S. Supreme Court rulings.

Posted at 5:20 PM by Howard Bashman



“Mitch McConnell Wasn’t Always Loved by Republicans. He Is Now. When he secured President Trump’s acquittal in the impeachment trial, the Senate majority leader completed a journey from staid establishment figure to conservative icon.” Elaina Plott of The New York Times has this report, which contains extensive discussion of U.S. Supreme Court vacancies.

Posted at 1:37 PM by Howard Bashman



“How to Prevent the Next Election Meltdown: As the Iowa fiasco suggests, the most likely reason that your 2020 vote may not be counted isn’t fraud, suppression or hacking — it’s incompetence.” Law professor Richard L. Hasen — author of the “Election Law Blog” — will have The Saturday Essay in tomorrow’s edition of The Wall Street Journal.

Posted at 1:25 PM by Howard Bashman



“Individual members of Congress barred from suing President Trump over business dealings”: Ann E. Marimow and Jonathan O’Connell of The Washington Post have this report.

Sharon LaFraniere of The New York Times reports that “Court Throws Out Emoluments Case Brought Against Trump by Democrats; Legal experts had widely considered the suit to be the weakest of three lawsuits accusing the president of violating the Constitution’s emoluments clauses.”

Brent Kendall of The Wall Street Journal reports that “Appeals Court Tosses Democrats’ Emoluments Lawsuit Against Trump; Court panel says Democratic lawmakers don’t have legal standing to bring case.”

Kevin Johnson of USA Today has an article headlined “DC appeals court: Lawmakers can’t sue President Trump in dispute over private business dealings.”

Alex Swoyer of The Washington Times reports that “Trump triumphs over Dems in emoluments case as appeals court tosses suit.”

Jessica Gresko of The Associated Press reports that “Appeals court dismisses Democrats’ lawsuit against Trump.”

Jan Wolfe of Reuters reports that “U.S. appeals court throws out Democrats’ lawsuit challenging Trump businesses.”

Bob Van Voris, Chris Dolmetsch, and Andrew M Harris of Bloomberg News report that “Trump Beats Congressional Democrats’ Emoluments Lawsuit.”

Katelyn Polantz of CNN reports that “Appeals court tosses Democrats’ emoluments lawsuit against Trump.”

Dareh Gregorian of NBC News reports that “Appeals court rules Democrats lack legal standing to sue Trump over alleged emoluments violations; The suit, which was dismissed on technical grounds, argued the president has violated the Constitution with his businesses, including a hotel popular with foreign officials.”

Bill Mears and Brooke Singman of Fox News report that “Appeals court hands Trump win, rules Dem lawmakers cannot sue over business payments.”

Josh Gerstein of Politico reports that “Appeals court rejects Democrats’ emoluments suit against Trump; D.C. Circuit rules, 3-0, that individual lawmakers lack standing to sue.”

And Harper Neidig of The Hill reports that “Appeals court rules Democrats can’t sue Trump over emoluments claims.”

You can access today’s per curiam ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 1:20 PM by Howard Bashman



“For the first time, flagship law journals at top U.S. law schools are all led by women”: Ann E. Marimow of The Washington Post has this report.

Posted at 1:02 PM by Howard Bashman



Thursday, February 6, 2020

“How quickly should courts change the law? Florida tests the limit.” Patrik Jonsson of The Christian Science Monitor has this report.

Posted at 8:50 PM by Howard Bashman



“The Trump Lawyer Who Survived: The most theatrical lawyer in the impeachment trial is a radio host who’s managed to win the president’s trust; So . . . how about the Supreme Court?” Darren Samuelsohn has this article online at Politico Magazine.

Posted at 8:44 PM by Howard Bashman



“Defendants want en banc review of ‘radical’ 2nd Circuit insider trading decision”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:27 PM by Howard Bashman



“Harvey Weinstein Attorneys Paving Way for Possible Appeal; Defense is highlighting prosecutors’ failure to turn over key evidence and judicial rulings”: Deanna Paul of The Wall Street Journal has this report.

Posted at 8:14 PM by Howard Bashman



“Judge permanently blocks another Trump immigration policy; Obama appointee also defends nationwide injunctions”: Josh Gerstein of Politico has this report.

Posted at 7:24 PM by Howard Bashman