How Appealing



Tuesday, November 24, 2020

“The Law Finally Got Ahead of Trump: Trump has used the legal system’s inherent slowness to his advantage for years; But in his election battle, it finally wasn’t an advantage.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 8:33 PM by Howard Bashman



“Republicans Are Souring on Trump’s Antics; Mitch McConnell should join colleagues urging the president to accept his loss”: In Wednesday’s edition of The Wall Street Journal, columnist William A. Galston will have an op-ed that begins, “When the history of the 2020 election is written, historians may cite this weekend as the moment when the wall of Republican resistance to the results began to crumble. And Matthew Brann may be identified as the man who delivered the decisive blow.”

Posted at 8:30 PM by Howard Bashman



“Indiana Asks the Supreme Court to Let It Strip Rights From Same-Sex Parents; The justices have shown interest in a case that could begin the rollback of marriage equality”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 8:27 PM by Howard Bashman



“Democrats Defrock Dianne Feinstein; Her Senate Judiciary demotion is a message to Georgia voters”: The Wall Street Journal has published this editorial.

Posted at 8:24 PM by Howard Bashman



“Ziccarelli asks Pa. Supreme Court to reconsider decision to count undated Allegheny County ballots”: Paula Reed Ward of The Pittsburgh Tribune-Review has this report on an emergency application for reargument filed this morning in the Supreme Court of Pennsylvania.

This afternoon, Pennsylvania’s highest court received two answers in opposition (access here and here) to the emergency application for reargument.

At the “Election Law Blog,” Richard Pildes has a post about yesterday’s Pa. Supreme Court ruling titled “The PA Supreme Court’s Interesting Recent Decision.”

Posted at 7:38 PM by Howard Bashman



“Court Order: Congress Has the Power to Override Supreme Court Rulings; Here’s How.” Rachel M. Cohen and Marcia Brown have this article online at The Intercept.

Posted at 7:22 PM by Howard Bashman



“The One Word That Bars Trump From Pardoning Himself: The question shouldn’t be whether the president can pardon himself but whether he can grant himself a pardon — and those are not the same thing.” Law professor Eric L. Muller has this essay online at The Atlantic.

Posted at 2:40 PM by Howard Bashman



“Pennsylvania just certified its presidential election results, officially declaring Joe Biden the winner”: Jonathan Lai of The Philadelphia Inquirer has this report.

Posted at 11:36 AM by Howard Bashman



“What We Know About Sidney Powell, the Lawyer Behind Wild Voting Conspiracy Theories; A frequent guest on conservative radio and TV, she briefly became a public face of the Trump campaign before being cut loose on Sunday”: Jeremy W. Peters and Alan Feuer have this article in today’s edition of The New York Times.

Posted at 11:12 AM by Howard Bashman



“Election Case Risks Awkward About-Face for Biden Administration”: Kimberly Strawbridge Robinson of Bloomberg Law has a report that begins, “President-elect Joe Biden’s top lawyer at the Supreme Court may have no choice but to change the government’s position in an election dispute out of Arizona, the sort of pivot that is awkward for lawyers and irritates the justices.”

Posted at 10:50 AM by Howard Bashman



“This appeal, challenging as unreasonably severe a sentence of fifty-five years imposed on a defendant who was fifteen years old at the time of the offense, presents the legal issue of the lawfulness of the sentence and also serves as a classic illustration of the unfortunate consequences of the congressional decision to eliminate parole in the Sentencing Reform Act of 1984.” So begins the opinion that a unanimous two-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

In earlier news coverage, back in August 2018, Liz Robbins of The New York Times had an article headlined “MS-13 Gang Member Pleads Guilty in Quadruple Murder Highlighted by Trump.”

And in June 2019, Robert E. Kessler of Newsday reported that “MS-13 member sentenced to 55 years in machete quadruple murder.”

Posted at 10:42 AM by Howard Bashman