How Appealing



Tuesday, June 15, 2021

“Supreme Court Rejects Sentence Reductions for Minor Crack Offenses; The otherwise unanimous decision featured a sharp exchange over the history of a 1986 law that established large sentencing disparities between crack and powder cocaine”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court says law does not allow new sentences for all crack convictions.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court rules sentence-reduction laws for crack cocaine don’t help all convicts.”

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Supreme Court Unanimously Draws Limit on Drug-Sentencing Relief Law; Justices hold that 2018 law provides no relief to offenders whose crimes don’t carry mandatory minimum sentences.”

John Fritze of USA Today reports that “Supreme Court rejects retroactive sentence reductions for small amounts of crack cocaine.”

And Alex Swoyer of The Washington Times reports that “Supreme Court rules low-level crack cocaine convicts don’t get new sentences under First Step Act.”

Posted at 6:00 AM by Howard Bashman



Monday, June 14, 2021

“Senate Confirms Top Biden Judge as McConnell Threatens Future Nominees; As Ketanji Brown Jackson became the president’s first appellate judge, Senator Mitch McConnell suggested he would block a Biden Supreme Court pick in 2024 if Republicans gained the majority”: Carl Hulse of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Senate confirms D.C. Circuit nominee Ketanji Brown Jackson to replace Merrick Garland.”

Brent Kendall of The Wall Street Journal reports that “Senate Confirms Ketanji Brown Jackson for Powerful Appeals Court; Judge Jackson is seen as a candidate for a future Supreme Court vacancy.”

John Fritze and Ledyard King of USA Today reports that “Biden poised to double the number of Black women appeals court judges.”

Alex Swoyer of The Washington Times reports that “Judge Ketanji Brown Jackson confirmed to D.C. Circuit Court, succeeds Merrick Garland.”

Clare Foran, Ariane de Vogue, and Ted Barrett of CNN report that “Senate votes to confirm key Biden judicial nominee Ketanji Brown Jackson.”

Sahil Kapur of NBC News reports that “Senate confirms Ketanji Brown Jackson to be judge on powerful appeals court; Jackson is widely seen in Democratic circles as a potential Supreme Court justice.”

Madison Alder of Bloomberg Law reports that “Jackson Confirmed to D.C. Circuit, First Biden Appellate Judge.”

Jennifer Bendery of HuffPost reports that “Senate Confirms Ketanji Brown Jackson To Powerful D.C. Circuit Court; She’s the ninth Black woman to ever become a federal appeals court judge.”

Jordain Carney of The Hill reports that “Senate confirms Garland’s successor to appeals court.”

Todd Ruger of Roll Call reports that “Senate confirms Jackson to DC Circuit; Judge considered a likely Biden pick for any future Supreme Court vacancy.”

And Samantha Hawkins of Courthouse News Service reports that “Senate Confirms Ketanji Brown Jackson to the DC Circuit; Judge Ketanji Brown Jackson is considered by many to be a top contender for a Supreme Court nomination.”

Posted at 8:38 PM by Howard Bashman



“Mississipi’s People Should Choose its Abortion Laws; When I face the Supreme Court, I will seek to vindicate democratic principles”: Lynn Fitch, Attorney General of Mississippi, will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 7:48 PM by Howard Bashman



“Judges Halt Race and Gender Priority for Restaurant Relief Grants; Approvals for thousands of Restaurant Revitalization Fund applicants were rescinded after court orders struck down a policy that favored historically underserved groups”: Stacy Cowley of The New York Times has this report.

Posted at 5:52 PM by Howard Bashman



“Biden nominated as many minority women to be judges in four months as Trump had confirmed in four years”: Adrian Blanco of The Washington Post has this report.

Posted at 3:54 PM by Howard Bashman



“McConnell says he’ll block Biden’s Supreme Court nominee in 2024 if GOP controls Senate; Republicans blocked Garland nomination in 2016, backed Barrett in 2020”: Tyler Olson of Fox News has this report.

Posted at 1:40 PM by Howard Bashman



“The Supreme Court Molded Joe Biden; He could now have a chance to shape it”: Peter Nicholas of The Atlantic has this report.

Posted at 1:36 PM by Howard Bashman



“Eva Guzman, former Texas Supreme Court justice, joins GOP primary challenge against Texas Attorney General Ken Paxton; Guzman’s candidacy adds a new dynamic to the primary that is already unfolding between incumbent Ken Paxton and Land Commissioner George P. Bush”: Patrick Svitek of The Texas Tribune has this report.

On a somewhat related note, Guzman has been serving as Summit Chair for the 2021 Appellate Judges Education Institute Summit slated to occur in Austin, Texas in November 2021. The election for the next Attorney General of Texas will not occur until November 2022, with the primary elections scheduled for March 2022.

Posted at 11:22 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in two argued cases.

1. Justice Brett M. Kavanaugh delivered the opinion of the Court in Greer v. United States, No. 19-8709. And Justice Sonia Sotomayor issued an opinion concurring in part and dissenting in part. You can access the oral argument via this link.

2. Justice Clarence Thomas delivered the opinion of the Court in Terry v. United States, No. 20-5904. And Justice Sotomayor issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

Posted at 10:01 AM by Howard Bashman



“Special IDs for Sex Offenders: Safety Measures or Scarlet Letters? The Supreme Court will soon consider whether to hear a First Amendment challenge to a Louisiana law that required driver’s licenses to identify sex offenders.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:02 AM by Howard Bashman



Sunday, June 13, 2021

“How the Anti-Abortion Movement Used the Progressive Playbook to Chip Away at Roe v. Wade; The tactics that advanced civil rights and gay rights have been put to work against abortion; Will Roe survive?” Law professors Mary Ziegler and Robert L. Tsai have this essay online at Politico Magazine.

Posted at 9:15 PM by Howard Bashman



“Justice Breyer’s Legacy-Defining Decision: The longer Breyer remains, the more likely a Republican president choosing his successor becomes.” Adam Cohen has this essay online at The Atlantic.

Posted at 8:55 PM by Howard Bashman



“Ex-Dojo Pizza Owner Loses Appeal in Sex Crime Case”: Doyle Murphy of Riverfront Times of St. Louis has an article that begins, “Ex-Dojo Pizza owner Loren Copp, convicted on child pornography charges, has lost an appeal. Copp had argued his conviction was unjust, because he wasn’t allowed to introduce photos of his penis during his 2018 trial.”

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

Posted at 8:56 AM by Howard Bashman



Saturday, June 12, 2021

“Judicial Notice (06.12.21): Making Bank At Milbank; Yet another Biglaw pay raise, a noteworthy judicial first, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:32 PM by Howard Bashman



“Entry-Level Lawyers Are Now Making $200,000 a Year; Several top law firms have given their youngest lawyers pay raises after year of record-breaking profits and competition to retain their workforce”: Sara Randazzo of The Wall Street Journal has this report.

Posted at 7:22 PM by Howard Bashman



“D-FW has no representation on the state Supreme Court; The lack of geographic diversity hurts the state”: Attorney David Coale has this essay online at The Dallas Morning News.

Posted at 9:10 AM by Howard Bashman



Friday, June 11, 2021

“As Beshear prepares to lift COVID-19 rules, Supreme Court hears cases on governor’s powers”: Joe Sonka of The Courier Journal of Louisville, Kentucky has this report.

Posted at 10:18 PM by Howard Bashman



“Supreme Court chief quietly gave pay raise to himself and other judges without legislative approval”: Bobby Harrison of Mississippi Today has this report.

Posted at 10:15 PM by Howard Bashman



“‘The adult in the room’ — Eva Guzman could shake up Texas attorney general’s race.” Metro columnist Gilbert Garcia has this essay online at The San Antonio Express-News.

Posted at 10:02 PM by Howard Bashman



“Jury awards $15 million to people who lost eggs, embryos at S.F. fertility clinic”: Annie Vainshtein of The San Francisco Chronicle has this report.

Posted at 9:54 PM by Howard Bashman



“Veronica Rossman — Nominee to the U.S. Court of Appeals for the Tenth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 9:04 PM by Howard Bashman



“Why Does Elena Kagan Keep Roasting Brett Kavanaugh? The justice’s latest opinion may be an ominous sign for the Supreme Court’s upcoming blockbusters.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 5:21 PM by Howard Bashman



“Newly Released Financial Disclosures Show Every Justice Supplemented His or Her Income in 2020; Books, teaching and rent lucrative for some, meager for others; justices’ reimbursed travel falls off 86% due to COVID”: Fix the Court issued this news release today and has posted the available financial disclosures online at this link.

Posted at 1:26 PM by Howard Bashman