How Appealing



Wednesday, September 29, 2021

“The Supreme Court has a chance to shed light on a secretive judicial process”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 1:04 PM by Howard Bashman



“Senate battles over Supreme Court ‘shadow docket’ in the wake of Texas abortion law”: John Fritze of USA Today has this report.

Posted at 1:02 PM by Howard Bashman



“#036: Carl Cecere — Appellate Lawyer and Solo Practitioner.” You can access today’s new episode of the “How I Lawyer Podcast with Jonah Perlin” via this link.

Posted at 10:22 AM by Howard Bashman



“The Supreme Court’s Charm Offensive: Three out of nine justices really want you to know they are not partisan.” You can access this week’s episode of Slate’s “Amicus” podcast featuring Dahlia Lithwick, with her guests — the hosts of the “Strict Scrutiny” podcast, via this link.

And would you believe that this week’s new installment of the “Strict Scrutiny” podcast, titled “Hashtag YOLO,” features Dahlia Lithwick as its guest.

Posted at 8:55 AM by Howard Bashman



“9 high-stakes issues the Supreme Court will take up this coming term; Abortion, guns, regulation — conservatives are poised for a big year as a Supreme Court heavily tilted toward their side returns to work”: Ian Millhiser has this essay online at Vox.

Posted at 8:50 AM by Howard Bashman



“Discussing The John Eastman Memo with John Eastman”: You can access this week’s installment of the “Another Way” podcast by Lawrence Lessig via this link.

Posted at 8:45 AM by Howard Bashman



Tuesday, September 28, 2021

“Supreme Court at crossroads in term with abortion and gun cases; Some justices have gone public with concerns that the court’s reputation is at stake”: Todd Ruger of Roll Call has this report.

Posted at 7:55 PM by Howard Bashman



“It’s Not My Fault That People Don’t Like the Supreme Court Anymore; The public’s esteem of the high court is at an all-time low, and the media is not to blame”: Matt Ford of The New Republic has this report.

Posted at 7:45 PM by Howard Bashman



“‘Chick-fil-A’ case has strong implications for Texas abortion ban”: Taylor Goldenstein of The Houston Chronicle has this report (subscription required for access).

You can freely access the filings in the case, scheduled for oral argument one month from today in the Supreme Court of Texas, at this link.

Posted at 7:40 PM by Howard Bashman



“The Lie About the Supreme Court Everyone Pretends to Believe: Justices love to proclaim their impartiality, all evidence to the contrary.” Adam Serwer has this essay online at The Atlantic.

Posted at 7:21 PM by Howard Bashman



“2021 Grad With Highest GPA Says Don’t Pass Up Opportunities; Balance, Bonding With Faculty Shaped Avery Rasmussen’s Success”: Mike Fox of the University of Virginia School of Law has this report.

According to the article, “Rasmussen, of Pensacola, Florida, is currently clerking for Judge J. Harvie Wilkinson III ’72 of the Fourth U.S. Circuit Court of Appeals. She will clerk for U.S. District Judge Dabney L. Friedrich of the District of Columbia for the 2022 term and U.S. Supreme Court Justice Brett Kavanaugh for the 2023 term.”

Posted at 12:50 PM by Howard Bashman



“131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest; The judges failed to recuse themselves from 685 lawsuits from 2010 to 2018 involving firms in which they or their family held shares, a Wall Street Journal investigation found”: James V. Grimaldi, Coulter Jones, and Joe Palazzolo of The Wall Street Journal have this report.

Posted at 9:34 AM by Howard Bashman



“In the shadow of U.S. Supreme Court history, a Puerto Rican family struggles”: Lawrence Hurley of Reuters has this report.

Posted at 7:53 AM by Howard Bashman



Monday, September 27, 2021

“Twitter, Facebook, Google Win Suit by Victims of Pulse Shooting”: Bernie Pazanowski of Bloomberg Law has this report.

And Izzy Kapnick of Courthouse News Service reports that “Social media companies not liable for Pulse nightclub shooting, 11th Circuit rules; The 11th Circuit handed down the latest in a string of federal appellate decisions absolving tech giants of liability for the radicalization of mass shooters.”

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

Posted at 9:50 PM by Howard Bashman



“Federal appeals court puts hold on Georgia’s abortion lawsuit”: Maya T. Prabhu of The Atlanta Journal-Constitution has a report that begins, “A federal appeals court said Monday that it will hold off deciding the fate of Georgia’s 2019 anti-abortion law until the U.S. Supreme Court issues a ruling on a similar lawsuit out of Mississippi.”

And Kate Brumback of The Associated Press reports that “Court says it will wait to rule on Georgia abortion law.”

Posted at 9:42 PM by Howard Bashman



“‘A complacent majority’: U.S. Supreme Court abortion cases could spark backlash against GOP.” Adam Wollner of McClatchy DC has this report.

Posted at 8:54 PM by Howard Bashman



“The A.C.L.U. Errs on R.B.G.” Columnist Michelle Goldberg will have this essay in tomorrow’s edition of The New York Times.

Posted at 8:30 PM by Howard Bashman



“Court’s Standing Sags as Politics Overtakes Law”: Kenneth Jost has this post at his blog, “Jost on Justice.”

Posted at 8:22 PM by Howard Bashman



“2021 Appellate Practice Webinar — Effective Advocacy Before the Fourth Circuit”: The U.S. Court of Appeals for the Fourth Circuit has posted on YouTube the video of an event the court held online earlier this month.

I haven’t yet watched the video, so I don’t know if the panelists discussed one skill that may be unique to practicing in the Fourth Circuit — requiring all sides on the same side of an appeal (all appellants and all appellees) to join in a single brief unless the court grants an exception, even in cases where different appellees may have quite divergent views of things.

Posted at 6:20 PM by Howard Bashman



“Amy Chua And Jed Rubenfeld List House For $1.08 Million; New Haven home hits Zillow”: Joe Patrice has this post at “Above the Law.”

Posted at 6:00 PM by Howard Bashman



“How the SCOTUS Long Conference Started + Did Scalia Really Watch RBG Parasail? One justice is credited with starting the annual long conference 50 years ago.” Veteran U.S. Supreme Court correspondent Tony Mauro has launched “The Marble Palace” blog, which The National Law Journal and Law.com are hosting without any paywall. You can access his inaugural post at this link.

Posted at 5:56 PM by Howard Bashman



“Biden admin moving to protect Dreamers after Texas court ruling; The new rule will modify DACA, or Deferred Action for Childhood Arrivals, in an effort to ‘preserve and fortify’ it against future legal challenges”: Julia Ainsley of NBC News has this report.

Posted at 1:32 PM by Howard Bashman



“Trump’s Appeals Court Judges Are Taking the Mask All the Way Off: Supreme Court justices insist their work isn’t ‘political’; Trump’s life-tenured appeals court nominees are cheerfully proving them wrong.” Lisa Needham has this post at Balls and Strikes.

Therein, Needham writes, “Even on a federal appeals court nearly entirely captured by Republican appointees, Fifth Circuit Court of Appeals Judge James Ho has already managed to distinguish himself as among the most zealous robed cultural warriors.”

Posted at 1:05 PM by Howard Bashman



“Here’s the Truth About Brett Kavanaugh’s Finances: No, liberals, the Koch brothers don’t own him.” Stephanie Mencimer of Mother Jones has this report.

Posted at 1:00 PM by Howard Bashman