How Appealing



Thursday, December 9, 2021

Programming note: At 10 a.m. eastern time on Friday, the U.S. Supreme Court is scheduled to issue one or more opinions in argued cases. You can access the opinion or opinions via this link just as soon as the Court posts them online. I will be traveling for much of Friday, and thus additional posts will not appear here until late Friday afternoon at the earliest.

Posted at 10:26 PM by Howard Bashman



“Court Packing Is Discreditable as Ever; Judicial independence is too important to sacrifice for a majority’s temporary political advantage”: Professor Keith E. Whittington will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 10:16 PM by Howard Bashman



“Trump White House records can be released in Jan. 6 probe pending Supreme Court review, appeals court rules; Former president seeks to keep White House papers from congressional committee investigating Capitol riot in first legal case testing whether a sitting president can waive a predecessor’s claim of executive privilege”: Spencer S. Hsu and Ann E. Marimow of The Washington Post have this report.

Charlie Savage of The New York Times reports that “Appeals Court Rejects Trump’s Bid to Shield Material From Jan. 6 Inquiry; A three-judge panel held that Congress’s oversight powers, backed by President Biden’s decision not to invoke executive privilege over the material, outweighed Mr. Trump’s residual secrecy powers.”

Byron Tau of The Wall Street Journal reports that “Court Rejects Trump Bid to Block Records From House Jan. 6 Panel; Former president provided no basis for stopping National Archives from giving records to committee probing pro-Trump Capitol riot, judges rule.”

And Emily Zantow of The Washington Times reports that “Court orders Trump to hand over records to Jan. 6 committee.”

You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 10:12 PM by Howard Bashman



“Ninth Circuit Conservatives Use Muscle to Signal Supreme Court”: Andrew Wallender and Madison Alder of Bloomberg Law have this report.

Posted at 8:42 PM by Howard Bashman



“Andy Warhol Foundation Asks Supreme Court to Review Prince Pop Art Dispute; Warhol’s estate says there is a ‘cloud of legal uncertainty over an entire genre of visual art’ after an appeals court found his image of Prince to be too visually similar to Lynn Goldmith’s photograph for the difference in their artistic meanings to be legally relevant”: Ashley Cullins of The Hollywood Reporter has this article.

And Alex Greenberger of ARTNews reports that “Warhol Foundation Seeks Supreme Court Review of Lynn Goldsmith’s Prince Portraits Case.”

You can access the petition for writ of certiorari at this link.

Posted at 8:32 PM by Howard Bashman