How Appealing



Sunday, January 10, 2021

“Is Your iPhone Passcode Off Limits to the Law? Supreme Court Ruling Sought; Petitioners including ACLU say passcodes are protected by the Fifth Amendment; prosecutors disagree.” Robert McMillan had this article in yesterday’s edition of The Wall Street Journal.

Posted at 8:10 PM by Howard Bashman



“Alaska Supreme Court confirms Rep. Lance Pruitt’s 11-vote loss in Anchorage state House race”: James Brooks of The Anchorage Daily News has this report.

Becky Bohrer of The Associated Press reports that “Alaska Supreme Court rules against Pruitt election challenge.”

And Rashah McChesney of Alaska Public Media reports that “Alaska Supreme Court strikes down Rep. Lance Pruitt’s challenge to his election loss.”

You can access Friday’s order of the Supreme Court of Alaska at this link.

Posted at 12:44 PM by Howard Bashman



“Why one man’s Supreme Court case is uniting the ACLU with the Catholic Church; The Supreme Court will hear oral arguments in Uzuegbunam v. Preczewski on Tuesday”: Kelsey Dallas of Deseret News has this report.

Posted at 11:40 AM by Howard Bashman



“Garland’s Clerks, but Not His Rulings, End Up at the Supreme Court; Garland’s record as an appeals court judge — and earlier, as a high-ranking prosecutor at the U.S. Justice Department — will come into sharp focus as his nomination proceeds to the Senate Judiciary Committee in the coming weeks”: Marcia Coyle of The National Law Journal has this report.

Posted at 10:00 AM by Howard Bashman



Saturday, January 9, 2021

“Amazon Is Booting Parler Off Of Its Web Hosting Service; Amazon’s suspension of Parler’s account means that unless it can find another host, once the ban takes effect on Sunday Parler will go offline”: John Paczkowski of BuzzFeed News has this report.

Posted at 10:00 PM by Howard Bashman



“How likely is it that Trump will face criminal prosecution after leaving office?” David G. Savage of The Los Angeles Times has this report.

Posted at 8:52 PM by Howard Bashman



“Can Twitter Legally Bar Trump? The First Amendment Says Yes. There are reasons to question the wisdom of recent actions by Twitter in barring President Trump from its site and Simon & Schuster in canceling the publication of Senator Josh Hawley’s book. But the First Amendment is on their side.” Adam Liptak will have this article in Sunday’s edition of The New York Times.

Posted at 8:34 PM by Howard Bashman



“Ginni Thomas’ Facebook Page Disappears After Media Reports on Her Support for Pro-Trump Rally that Turned into Attack on U.S. Capitol”: Colin Kalmbacher of Law & Crime has this post.

Posted at 3:52 PM by Howard Bashman



“Election gambit blows up on Hawley and Cruz; The potential 2024 contenders face a fierce backlash after the riot at the Capitol”: Marianne LeVine, Holly Otterbein, and Burgess Everett of Politico have this report.

And in today’s edition of The Wall Street Journal, Lindsay Wise has an article headlined “Hawley Faces Fierce Backlash From Colleagues, Donors After Capitol Riot; Missouri senator’s objection to election results has drawn widespread condemnation, raising questions about his political future.”

Posted at 1:55 PM by Howard Bashman



“With Democrats poised to take over Washington, Supreme Court’s Breyer faces renewed calls to retire”: Robert Barnes of The Washington Post has this report.

Posted at 1:18 PM by Howard Bashman



Friday, January 8, 2021

“Democrats Won the Senate. Can They Fix the Courts Now? Biden is inheriting a crisis in the federal judiciary.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 9:45 PM by Howard Bashman



“The Constitutional and Moral Imperative of Immediate Impeachment: The process need not be long and drawn out; And it need not be limited to current officeholders.” Law professor Michael Stokes Paulsen has this essay online at The Bulwark.

Posted at 8:55 PM by Howard Bashman



“How Simon & Schuster Managed to Make Josh Hawley Look Almost Sympathetic: Canceling the senator’s book is not principled or courageous; It’s just lame and self-defeating.” Jack Shafer has this essay online at Politico Magazine.

Posted at 8:32 PM by Howard Bashman



“Trump legal vets torn over new impeachment defense; The crew that rallied behind the president in late 2019 is divided as House Democrats rush to impeach him once more”: Meridith McGraw and Daniel Lippman of Politico have this report.

Posted at 8:22 PM by Howard Bashman



“Alaska Sen. Lisa Murkowski calls on President Trump to resign, questions her future as a Republican”: James Brooks of The Anchorage Daily News has this report.

Posted at 6:55 PM by Howard Bashman



“Permanent suspension of @realDonaldTrump”: Twitter has issued this news release.

Nitasha Tiku and Tony Romm of The Washington Post report that “Twitter permanently suspends Trump’s account; The social media giant took the action on Friday.”

Jessica Guynn of USA Today reports that “Twitter has permanently banned President Trump.”

Ryan Lovelace of The Washington Times reports that “Twitter permanently bans Trump, cites ‘risk of further incitement of violence.’

Posted at 6:53 PM by Howard Bashman



“Corporate Secrets at Risk in Hack of U.S. Courts Documents”: Madison Alder, Perry Cooper, and Lydia Wheeler of Bloomberg Law have this report.

Posted at 3:04 PM by Howard Bashman



“Justice Department warns of national security fallout from Capitol Hill insurrection; Lawmakers are demanding a ‘full accounting’ of what was taken as rioters ransacked congressional offices”: Natasha Bertrand of Politico has this report.

Posted at 1:38 PM by Howard Bashman



“Simon & Schuster Cancels Plans for Senator Hawley’s Book; The publisher faced calls to drop the Missouri Republican’s upcoming book, ‘The Tyranny of Big Tech,’ following criticism of his efforts to overturn the presidential election”: Elizabeth A. Harris and Alexandra Alter of The New York Times have this report.

Teo Armus of The Washington Post reports that “As Josh Hawley loses a book deal over the Capitol riots, his GOP mentor says backing him was ‘the worst mistake I ever made.’

In today’s edition of The Wall Street Journal, Jeffrey A. Trachtenberg has an article headlined “Publisher Simon & Schuster Cancels Publication of Sen. Josh Hawley’s Book; Publisher said it made the decision after Wednesday’s ‘deadly insurrection.’

Jim Milliot of Publishers Weekly reports that “S&S Cancels Publication Plans for Book by Sen. Josh Hawley.”

Jack Suntrup of The St. Louis Post-Dispatch reports that “Major Hawley donor has buyer’s remorse, says senator provoked riots, should be censured.”

Rudi Keller of the Missouri Independent reports that “Major Josh Hawley donor calls for him to be censured by the U.S. Senate; David Humphreys called Hawley an ‘an anti-democracy populist’ who provoked the D.C. riots.”

Katie Bernard of The Kansas City Star has an article headlined “A photographer and a fist pump. The story behind the image that will haunt Josh Hawley.”

Marianne LeVine of Politico reports that “Coons calls on Cruz and Hawley to resign; The Delaware Democrat said the two Republican senators who mounted challenges to Biden’s victory should step down in the aftermath of the deadly riots in D.C.

Steve Inskeep of NPR has an audio segment titled “Ben Sasse Rips Trump For Stoking Mob, Calls Josh Hawley’s Objection ‘Really Dumbass.’

And at “The Volokh Conspiracy,” Sasha Volokh has a post titled “Cancel Culture and Freedom: There are a lot of valid critiques of ‘cancel culture’; But the most important thing to remember is that it mostly consists of people legitimately exercising their own freedom.”

Posted at 1:16 PM by Howard Bashman



“With Merrick Garland pick, Biden signals stark contrast with Trump on Justice Department”: Joan Biskupic of CNN has this report.

Posted at 12:34 PM by Howard Bashman



“An ‘angry’ Pence navigates the fallout of his rupture with Trump over election, Capitol riots”: Maureen Groppe of USA Today has this report.

Posted at 12:32 PM by Howard Bashman



Thursday, January 7, 2021

“Texas Appellate Power Couple Judge Jim and Allyson Ho: How They Met Rests with Textualism.” Tony Mauro has this report (subscription required for full access) online at The Texas Lawbook.

Posted at 10:34 PM by Howard Bashman



“Now It Can Be Told: How Neil Sheehan Got the Pentagon Papers; It was a story he had chosen not to tell — until 2015, when he sat for a four-hour interview, promised that this account would not be published while he was alive.” Janny Scott of The New York Times has this report.

Posted at 8:40 PM by Howard Bashman



“Federal Judiciary’s Systems Likely Breached in SolarWinds Hack; Apparent compromise in suspected Russian attack has put highly sensitive nonpublic court documents at risk, officials said”: Dustin Volz and Robert McMillan of The Wall Street Journal have this report.

Posted at 8:22 PM by Howard Bashman



“Marathon bomber Dzhokhar Tsarnaev sues Colorado supermax for $250,000; Claims loss of his hat, bandana and only 3 showers a week causing anxiety”: Joe Dwinell of The Boston Herald has this report.

Posted at 7:02 PM by Howard Bashman