How Appealing



Tuesday, May 26, 2020

“Adjourned: Overlawyered to cease publication May 31.” Walter Olson has this post at “Overlawyered,” which came into existence nearly 21 years ago.

The “How Appealing” blog, by contrast, commemorated its 18th birthday earlier this month, which didn’t even seem worth noting at the time.

Posted at 9:34 PM by Howard Bashman



Monday, May 25, 2020

“November election could put two black justices on the Supreme Court for first time in Mississippi history”: Bobby Harrison of Mississippi Today has this report.

Posted at 9:27 PM by Howard Bashman



“California church appeals to U.S. Supreme Court over lockdown; At issue is whether lockdown orders improperly fly in the face of the First Amendment”: Josh Gerstein of Politico has this report.

Posted at 9:52 AM by Howard Bashman



Sunday, May 24, 2020

“Federal judge: Florida can’t stop poor felons from voting; U.S. District Judge Robert Hinkle called it a ‘pay-to-vote system.'” Lawrence Mower of The Tampa Bay Times has this report.

Patricia Mazzei of The New York Times reports that “Florida Law Restricting Felon Voting Is Unconstitutional, Judge Rules; A federal judge said the law would result in discrimination against felons who cannot afford to pay court fines and fees.”

Amy Gardner of The Washington Post reports that “Federal judge guts Florida law requiring felons to pay fines before they can vote.”

And Arian Campo-Flores of The Wall Street Journal reports that “Florida Law Declared Unconstitutional, Paving Way for Felons to Vote; In his decision, U.S. District Judge Robert Hinkle ruled that Florida’s procedures amounted to an ‘unconstitutional pay-to-vote system.’

You can access today’s 125-page ruling of the U.S. District Court for the Northern District of Florida at this link.

Posted at 9:51 PM by Howard Bashman



“Chief justice says pandemic teaches humility, compassion”: Mark Sherman of The Associated Press has this report.

Greg Stohr of Bloomberg News reports that “U.S. Chief Justice Says Pandemic Pierces ‘Illusion of Certainty.’

Ariane de Vogue of CNN has a report headlined “‘This is your moment’: Chief Justice John Roberts delivers remarks to son’s graduating high school class.”

And Tony Mauro of The National Law Journal reports that “Chief Justice Roberts Laments Hiatus of Handshake That Unites Justices.”

You can view via this link the video of Chief Justice John G. Roberts, Jr.’s prerecorded remarks on the occasion of his son’s high school graduation.

Posted at 9:20 PM by Howard Bashman



“State Supreme Court says counties can decide when to return to in-person court operations”: Bruce Vielmetti of The Milwaukee Journal Sentinel has an article that begins, “Courts in Wisconsin’s 72 counties can shift back to more in-person hearings, and even jury trials, as they adopt their own approved plans to do so safely, the state Supreme Court has ordered.”

Posted at 8:50 PM by Howard Bashman



“Connecticut Supreme Court Justice Richard N. Palmer retiring after 27-year career that included decisions on death penalty, same-sex marriage”: Edmund H. Mahony has this front page article in today’s edition of The Hartford Courant.

Posted at 8:37 PM by Howard Bashman



“Oregon Supreme Court to Baker County judge: Throw out injunction against governor’s emergency coronavirus orders by Tues., or explain why not.” Maxine Bernstein has this article in today’s edition of The Oregonian.

Gillian Flaccus of The Associated Press reports that “Judge told vacate or explain order nixing virus restrictions.”

And Meerah Powell of Oregon Public Broadcasting reports that “Lower Court Faces Choice With COVID-19 Ruling.”

You can access yesterday’s order of the Supreme Court of Oregon at this link.

Posted at 8:24 PM by Howard Bashman



“Supreme Court prepares for major decisions on Trump taxes, LGBT rights, immigration and abortion”: Tucker Higgins of CNBC has this report.

Posted at 8:14 PM by Howard Bashman



“Immunity, Impunity, and Justice by the Numbers: The financial records cases, who’s getting cut off on the all-new SCOTUS call-in show, and why the law is for suckers.” You can access online via this link yesterday’s new installment of Slate’s “Amicus” podcast featuring Dahlia Lithwick and her guests, including law professor Leah Litman.

Posted at 7:58 PM by Howard Bashman



“Trump administration asks Supreme Court to stop release of inmates at risk for COVID-19”: David G. Savage has this article in today’s edition of The Los Angeles Times.

Posted at 7:40 PM by Howard Bashman



Saturday, May 23, 2020

“Federal judge hires high-powered D.C. attorney to defend his actions in Flynn case”: Carol D. Leonnig and Spencer S. Hsu of The Washington Post have this report.

Posted at 8:54 PM by Howard Bashman



Friday, May 22, 2020

“Judge Is Ordered to Explain Handling of Flynn Case as F.B.I. Announces Review; In the latest twists in a highly politicized case, Michael Flynn’s lawyers are trying to force a judge to end the case immediately, and the F.B.I. will weigh whether it committed misconduct”: Charlie Savage will have this article in Saturday’s edition of The New York Times.

Spencer S. Hsu and Ann E. Marimow of The Washington Post report that “Appeals court orders Flynn judge to defend actions, as legal scholars weigh in.”

Jeff Mordock of The Washington Times reports that “Appeals court orders judge in Flynn case to respond to request for removal.”

Adam Shaw of Fox News reports that “Federal appeals court orders judge in Flynn case to respond to motion to dismiss charges.”

Kyle Cheney of Politico reports that “Appeal Court orders Flynn judge to explain himself; The Appeals Court order is the latest twist in a remarkable series of events that have thrown the Flynn case into turmoil.”

Tim Ryan of Courthouse News Service reports that “Ex-Watergate Prosecutors Say Flynn Case Shouldn’t Be Dismissed.”

And online at The New Yorker, Jeffrey Toobin has a post titled “A Case From a Judge’s Past May Offer a Clue About How the Michael Flynn Inquiry Will Proceed.”

You can access Thursday’s order of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 11:38 PM by Howard Bashman



“For an accessible Supreme Court, we need to keep the livestream alive”: Columnist Michael McGough has this essay online at The Los Angeles Times.

Posted at 8:14 PM by Howard Bashman



“Courts around the Philly region are inching toward a busier — and more digital — new normal”: Chris Palmer and Julie Shaw of The Philadelphia Inquirer have this report.

Posted at 3:21 PM by Howard Bashman



Thursday, May 21, 2020

“Supreme Court Won’t Block Surgery for Transgender Inmate; The prisoner, Adree Edmo, said Idaho’s failure to provide the procedure violated the Eighth Amendment’s ban on cruel and unusual punishment”: Adam Liptak of The New York Times has this report on an order denying a stay by a 7-to-2 vote that the U.S. Supreme Court issued this evening.

Posted at 10:45 PM by Howard Bashman



“Storytelling at the Supreme Court: Two recent cases on religion are about more than the tales they tell.” Linda Greenhouse has this essay online at The New York Times.

Posted at 7:20 PM by Howard Bashman



“She Has Argued 40 Cases in Front of the Supreme Court. The Latest Was From Her Dining Room. Attorney Lisa Blatt’s prep for telephonic arguments included broken lectern and virtual practice sessions.” Brandon Sanchez of The Wall Street Journal has this report.

Posted at 12:50 PM by Howard Bashman



Wednesday, May 20, 2020

“Dems question judicial nominee about past partisan remarks”: Emily Wagster Pettus of The Associated Press has this report.

Madison Alder of Bloomberg Law reports that “Fifth Cir. Pick Says Obamacare, Voter ID Writings Were Politics.”

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “McConnell Is Pushing Through Another Trump Judge Who’s Gunning for Obamacare.”

You can view via this link this afternoon’s U.S. Senate Judiciary Committee confirmation hearing for Fifth Circuit nominee (and current Mississippi Court of Appeals judge) Cory T. Wilson.

Posted at 9:40 PM by Howard Bashman



“Trump Judges or Federalist Society Judges? Try Both. The group says it doesn’t endorse nominees for public office. Say what?” Caroline Fredrickson and law professor Eric J. Segall have this essay online at The New York Times.

Posted at 1:53 PM by Howard Bashman



Tuesday, May 19, 2020

“Missouri executes man convicted of murder despite calls to examine innocence claim”: Luke Nozicka of The Kansas City Star has this report.

Posted at 10:00 PM by Howard Bashman



“In California, the Dream of Racial Preferences Never Dies; Democrats in Sacramento try again to repeal Prop. 209”: Columnist Jason L. Riley has this essay online at The Wall Street Journal.

Posted at 9:24 PM by Howard Bashman



“The Right of the People to Protest Lockdown: Although some states have tried to ban them, anti-lockdown demonstrations are protected by the First Amendment.” Floyd Abrams and John Langford will have this op-ed in Wednesday’s edition of The New York Times.

Posted at 9:16 PM by Howard Bashman



“Flynn attorneys ask court to order judge to dismiss conviction”: Spencer S. Hsu and Ann E. Marimow of The Washington Post have a report that begins, “Michael Flynn’s attorneys asked an appeals court on Tuesday to order a federal judge to dismiss the conviction of President Trump’s former national security adviser.”

And Aruna Viswanatha of The Wall Street Journal reports that “Flynn’s Lawyers Ask Appeals Court to Order His Criminal Case DismissedPetition says trial judge, Emmet Sullivan, overstepped his authority.”

You can access the petition for writ of mandamus filed today in the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 9:12 PM by Howard Bashman



“The woman behind ‘Roe vs. Wade’ didn’t change her mind on abortion. She was paid.” Meredith Blake of The Los Angeles Times has this report on a documentary scheduled to air Friday on the FX network.

Posted at 7:10 PM by Howard Bashman