How Appealing



Friday, January 22, 2021

“Lawmakers want to increase number of SC Supreme Court justices”: John Monk of The State of Columbia, South Carolina has an article that begins, “A push is on by top Republican lawmakers in the S.C. House of Representatives to expand the number of justices on the State Supreme Court from five to seven.”

Posted at 1:18 PM by Howard Bashman



“McConnell privately says he wants Trump gone as Republicans quietly lobby him to convict”: Michael Warren and Jamie Gangel of CNN have this report.

Posted at 1:00 PM by Howard Bashman



“Enemies, a Love Story: Inside the 36-year Biden and McConnell Relationship; The two 78-year-old deal-makers have been parties to the collapse of Capitol culture; Now they’ll need to make Washington work again.” Alex Thompson has this article online at Politico Magazine.

Posted at 10:50 AM by Howard Bashman



Thursday, January 21, 2021

“Biden Learns to Love Brett Kavanaugh; Democrats suddenly adopt the theory of the unitary executive”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 8:32 PM by Howard Bashman



“Judge Robert Katzmann joins NYU Law faculty as professor of practice”: NYU Law News has a report that begins, “Judge Robert A. Katzmann of the US Court of Appeals for the Second Circuit joins NYU Law as a professor of practice, effective January 21. Katzmann’s new role coincides with his assumption of senior status as a federal judge on January 21.”

Posted at 5:32 PM by Howard Bashman



“Trump Investigators Have Tax Records Even Before Court Order”: Greg Farrell and Greg Stohr of Bloomberg News have a report that begins, “Investigators probing President Donald Trump’s finances have gotten hold of some of his tax records, allowing them to move ahead even without a Supreme Court order that would give them eight years of his returns.”

Posted at 5:23 PM by Howard Bashman



“Prominent Lawyers Want Giuliani’s Law License Suspended Over Trump Work; The move by dozens of lawyers, including judges and former federal prosecutors, was the latest in a series of calls to censure him”: Daniel E. Slotnik of The New York Times has this report.

Posted at 5:20 PM by Howard Bashman



“Trump Made The Federal Courts Whiter And More Conservative — And That Will Be Tough For Biden To Reverse”: Elena Mejía and Amelia Thomson-DeVeaux of FiveThirtyEight have this report.

Posted at 11:44 AM by Howard Bashman



“Why Joe Biden Must Not Shy Away From the Full Power of the Presidency: Democrats often benefit from unilateral authority more than Republicans do.” Law professor Eric Posner has this essay online at The New York Times.

Posted at 9:08 AM by Howard Bashman



Wednesday, January 20, 2021

“Family of Scottsdale man killed by police brings case against officers, city to Supreme Court”: Emily Wilder of The Arizona Republic has an article that begins, “The family of a man killed by Scottsdale police officers in 2016 filed a petition to the U.S. Supreme Court to abolish qualified immunity after a lower court struck down their suit against the City of Scottsdale and the officers involved in the fatal shooting.”

Posted at 9:30 PM by Howard Bashman



“How Biden can claw back Trump’s influence on the courts: Trump reshaped the judiciary; That’s a huge problem for Biden’s ambitions.” Ian Millhiser has this essay online at Vox.

Posted at 7:18 PM by Howard Bashman



“No, You Can’t Try an Impeached Former President; The Senate erroneously asserted jurisdiction once, but dissenting members forced an acquittal”: Law professor Alan M. Dershowitz has this essay online at The Wall Street Journal.

Posted at 2:37 PM by Howard Bashman



“Sen. Hawley has been condemned. His bad legal arguments should be stamped out, too. It’s hardly unusual — let alone unconstitutional — for state courts to weigh in on what state legislatures do.” Law professors Daniel Epps and Alan M. Trammell have this essay online at The Washington Post.

And earlier, online at USA Today, law professor William N. Eskridge Jr. had an essay titled “I taught Sens. Josh Hawley and Ted Cruz in law school. Clearly they didn’t pay attention. With their phony legal arguments and pandering to Trump’s baseless claims, Cruz and Hawley’s bad behavior sets a bad precedent.”

Posted at 2:18 PM by Howard Bashman



“$27 million in damages upheld in Florida tobacco case against Philip Morris; A federal appeals court upheld the district court’s decision to the benefit of Judith Berger’s estate”: Jim Saunders of the News Service of Florida has this report.

And Martina Barash of Bloomberg Law reports that “Philip Morris Owes $20 Million in Punitives But Skirts Sanction.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 10:50 AM by Howard Bashman



“Campgrounds, restaurant owners lose in Gov. Mills’ ‘unconstitutional’ quarantine rules lawsuit; Bayley’s Camping Resort and Little Ossipee Lake Campground, as well as the owner of two restaurants where campground patrons often visit, sued Mills in May”: Erin Keller of News Center Maine has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.

Posted at 10:28 AM by Howard Bashman



“Court Voids a ‘Tortured’ Trump Climate Rollback; The ruling strikes down weak rules for coal-burning power plants and gives the Biden administration a freer hand to impose tighter restrictions”: Lisa Friedman has this article in today’s edition of The New York Times.

Steven Mufson of The Washington Post reports that “Federal circuit court scraps Trump administration’s power plant rule; The move effectively revives Obama’s Clean Power Plan, which set tougher limits on emissions.”

Timothy Puko and Brent Kendall of The Wall Street Journal report that “Trump Rules Easing Power-Plant Emissions Limits Are Vacated by Court; Appeals court ruling gives incoming Biden administration an opening to reset rules for addressing climate change.”

Valerie Richardson of The Washington Times reports that “Court incinerates Trump’s power-plant rule in pre-inaugural present to Biden; Ruling clears field on emissions reduction for Biden administration.”

Matthew Daly and Ellen Knickmeyer of The Associated Press report that “Federal court strikes down major Trump climate rollback.”

Valerie Volcovici of Reuters reports that “U.S. court deals final blow to Trump EPA’s clean power rule replacement.”

Ellen M. Gilmer of Bloomberg News reports that “EPA’s Industry-Friendly Climate Rule Struck Down by Court.”

Alex Guillén of Politico reports that “Court paves path for Biden on power plant climate rule; The incoming Biden administration is likely to use the court’s ruling to justify returning to something resembling the Clean Power Plan.”

Rachel Frazin of The Hill reports that “Court strikes down Trump coal power plant rule.”

Benjamin J. Hulac of Roll Call reports that “Court dumps Trump ‘Affordable Clean Energy’ plan; Biden’s EPA will rewrite the plan for cutting carbon emissions from power plants, which it already planned to do.”

John Timmer of Ars Technica reports that “Trump’s Clean Power Plan replacement gets thrown out by a court; Biden administration can start afresh without need to revisit existing EPA rules.”

Umair Irfan of Vox reports that “A federal court just struck down Trump’s attempt to make power plants even dirtier; The Affordable Clean Energy rule, which replaced Obama’s Clean Power Plan, would’ve led to more power sector emissions.”

Niina H. Farah of E&E News reports that “Clean Air Act gets boost as court dumps Trump carbon rule.”

And Brad Kutner of Courthouse News Service reports that “DC Circuit Rejects Trump Rollback of Power Plant Emission Rules; One of Trump’s own appointees sided with his fellow appellate judges in shutting down the outgoing president’s Affordable Clean Energy rule.”

You can access yesterday’s lengthy per curiam ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 10:09 AM by Howard Bashman



“U.S.-Born Woman Who Left to Join ISIS Can’t Return With Son”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access).

And at “The Volokh Conspiracy,” Irina Manta has a post titled “D.C. Circuit (Sadly) Affirms District Court in Hoda Muthana Case; Judge Rao writes an opinion rejecting all claims in equity, among other things.”

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

Posted at 9:44 AM by Howard Bashman



Tuesday, January 19, 2021

“Justice Department Seeks to Limit Scope of Landmark LGBT Rights Decision; New directive, aimed at a 2020 Supreme Court ruling, comes in the waning moments of the Trump administration”: Sadie Gurman and Jess Bravin of The Wall Street Journal have this report.

Posted at 7:58 PM by Howard Bashman



“The Education of Josh Hawley: The subversive senator’s college peers and professors don’t recognize the affable intellectual they once knew; But they do recognize his ambition.” Ruairí Arrieta-Kenna and Emily Cadei have this article online at Politico Magazine.

Posted at 7:52 PM by Howard Bashman



“How federal circuits can create judicial vacancies without help from Congress — new paper”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 7:44 PM by Howard Bashman



“Cooley’s Elizabeth Prelogar Will Return to DOJ Solicitor Office as Top Deputy; Elizabeth Prelogar, who served as an advisor on the Mueller team, is expected to step into her new Justice Department role Wednesday, according to sources close to the Biden transition team; She will serve as acting solicitor general until a new solicitor general is appointed and confirmed by the Senate”: Marcia Coyle and C. Ryan Barber of The National Law Journal have this report.

Posted at 5:20 PM by Howard Bashman