How Appealing



Monday, March 22, 2021

“Trump’s Former Lawyer Now Argues ‘No Reasonable Person’ Would Believe Her Voter Fraud Lies Were ‘Fact’; Powell is facing billion-dollar lawsuits after accusing voting technology companies of rigging the election”: Zoe Tillman of BuzzFeed News has this report.

Posted at 9:56 PM by Howard Bashman



“Supreme Court to Consider Death Sentence in Boston Marathon Bombing Case; The justices will review a decision from a federal appeals court that overturned the death sentence imposed on Dzhokhar Tsarnaev, one of the perpetrators of the attack”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court will consider restoring the Boston Marathon bomber’s death sentence.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court to Consider Boston Marathon Bomber’s Death Sentence; Justice Department sought high court review after appeals court tossed death sentence for Dzhokhar Tsarnaev.”

John Fritze of USA Today reports that “Supreme Court agrees to hear death penalty case against Boston marathon bomber Dzhokhar Tsarnaev.”

And Alex Swoyer of The Washington Times reports that “Supreme Court to hear Boston Marathon bomber’s case, weigh death sentence.”

Posted at 8:50 PM by Howard Bashman



“Colorado baker sued again over alleged LGBTQ bias”: Colleen Slevin of The Associated Press has this report.

Amanda Pampuro of Courthouse News Service has an article headlined “Piece of Cake? Masterpiece Cakeshop Back in Court for Trial on Discrimination Claims; At the end of a four-day trial, a Denver judge will decide whether a Christian baker who refused to make a transgender birthday cake violated the Colorado Anti-Discrimination Act.”

Earlier, Michael Roberts of Westword reported that “Trial Set for Baker Who Wouldn’t Make Trans Woman’s Birthday Cake.”

Posted at 8:37 PM by Howard Bashman



“The Christian Baker Who Said ‘No’; Jack Phillips is again in court for refusing to bake a cake with a message he objects to”: Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 8:26 PM by Howard Bashman



“Reconsidering Times v. Sullivan: An influential judge says the ‘actual malice’ standard needs revision.” This editorial will appear in Tuesday’s edition of The Wall Street Journal.

Posted at 8:11 PM by Howard Bashman



“Professional services face losing junior staff to burnout; Mental health problems on the rise as Covid brings greater workloads coupled with a shift to solitary working”: Kate Beioley of Financial Times has this report.

And Tim Kiladze and Tamsin McMahon of The Toronto Globe and Mail have an article headlined “Working from home is causing breakdowns; Ignoring the problem and blaming the pandemic is no longer an option” that begins, “By conventional measures, last year was stellar for Erin Durant. The pandemic had been tough, but as a litigator in Ottawa now working from home, her practice was busier and more profitable than ever.”

Posted at 7:25 PM by Howard Bashman



“Capitol Officer Brian Sicknick shared a central N.J. upbringing, support of Trump with the men now charged with attacking him before his death; A Jan. 6 encounter among three men from Middlesex County pitted them on opposite sides during the Capitol riot; Sicknick ended up dead; George Tanios and Julian Khater are now charged in his attack”: Jeremy Roebuck of The Philadelphia Inquirer has this report.

Posted at 6:48 PM by Howard Bashman



“Will at-home abortions make Roe v. Wade obsolete? Pressure mounts on Biden to approve telemedicine for the use of abortion pills.” Alice Miranda Ollstein and Darius Tahir of Politico have this report.

Posted at 6:37 PM by Howard Bashman



“Supreme Court to consider reinstating Dzhokhar Tsarnaev’s death sentence”: John R. Ellement and Travis Andersen of The Boston Globe have this report.

Posted at 1:08 PM by Howard Bashman



“Satan’s Lawyers Try Christian-Right Tactics to Erect Winged Goat; The Satanic Temple, an atheist church with 300,000 followers, is fighting to put up shrines and secure religious equality; Or is it just a bunch of trolls?” Erik Larson of Bloomberg News has this report.

Posted at 10:32 AM by Howard Bashman



“Because the substance of this appeal is as frivolous as its form, we will affirm the District Court’s summary judgment and grant Appellee CBE Group’s motion for damages under Rule 38 of the Federal Rules of Appellate Procedure.” So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit in a decision issued Friday that has received some attention on Twitter (see, e.g., here, here, and here).

According to the opinion, “Counsel for [appellants] Conboy and Gilsenan simply took the summary judgment section of his District Court brief and copied and pasted it into his appellate brief, with minor changes such as swapping ‘Defendant’ for ‘Appellee.’ Compare Appendix A hereto, with Appendix B. This is not proper appellate advocacy.”

Posted at 10:00 AM by Howard Bashman



“Does Requiring Only Men to Register for the Draft Violate the Constitution? The Supreme Court has been asked to decide whether one of the last sex-based distinctions in federal law should survive now that women can serve in combat.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

As I most recently noted here, this case — now something of a liberal cause célèbre — certainly did not start out that way and could share a connection with the recent shooting and murder of a federal district judge’s family members.

Posted at 9:50 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases.

In Massachusetts Lobstermen’s Ass’n v. Raimondo, No.20–97, Chief Justice John G. Roberts, Jr. issued a statement respecting the denial of certiorari.

In Longoria v. United States, No. 20–5715, Justice Sonia Sotomayor issued a statement, in which Justice Neil M. Gorsuch joined, respecting the denial of certiorari.

In Thompson v. Lumpkin, No. 20–594, Justice Elena Kagan issued a rarely seen concurrence in the denial of certiorari, in which Justices Stephen G. Breyer and Sotomayor joined.

And in Smith v. Titus, No. 20–633, Justice Sotomayor issued a dissent from the denial of certiorari.

Posted at 9:31 AM by Howard Bashman



“When Constitutions Took Over the World: Starting in the eighteenth century, citizens were promised their rights in print; Was this new age spurred by the ideals of the Enlightenment or by the imperatives of global warfare?” Jill Lepore has this “A Critic at Large” essay in the March 29, 2021 edition of The New Yorker.

Posted at 9:22 AM by Howard Bashman