How Appealing



Wednesday, May 25, 2022

“How the Supreme Court made it impossible to solve America’s gun violence problem; If you can’t ban handguns, you’re just spinning your wheels”: Ian Millhiser has this essay online at Vox.

Posted at 9:58 PM by Howard Bashman



“Failure to Extend a Precedent Versus Failure to Apply It: A Comment on Shinn v. Martinez Ramirez.” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 9:55 PM by Howard Bashman



“An Angry Crowd Came to My House. I Still Support the Right to Protest.” Michigan Secretary of State Jocelyn Benson has this guest essay online at The New York Times.

Posted at 5:40 PM by Howard Bashman



“Intensifying Inquiry Into Alternate Electors Focuses on Trump Lawyers; In recent subpoenas, federal prosecutors investigating alternate slates of pro-Trump electors sought information about Rudolph W. Giuliani, John Eastman and others”: Alan Feuer, Katie Benner, and Luke Broadwater of The New York Times have this report.

And in commentary, online at The New York Times, columnist Ross Douthat has an essay titled “Why Would John Eastman Want to Overturn an Election for Trump?

Posted at 5:36 PM by Howard Bashman



“Why the Senate Protects Supreme Court Justices From Protesters but Won’t Protect Kids From Mass Shootings; Our broken political system has produced a federal judiciary that’s enabling the next massacre”: Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 2:26 PM by Howard Bashman



“New poll: 54% of Americans disapprove of Supreme Court following Roe draft opinion leak.” Devan Cole of CNN has this report.

Today, the Marquette Law School Poll issued a news release titled “New Marquette Law School Poll finds sharp national downturn in overall approval — and greater partisan polarization in approval — of U.S. Supreme Court following leaked draft of opinion that would overturn Roe.” You can access the detailed polling results via this link.

Posted at 2:04 PM by Howard Bashman



“President Biden Names Eighteenth Round of Judicial Nominees”: The White House today issued this news release announcing nominees for the D.C., Sixth, and Seventh Circuits — including solo appellate practitioner Rachel S. Bloomekatz.

And if today’s Seventh Circuit nominee is confirmed, that federal appellate court would be getting its first Circuit Judge Pryor, placing it only one behind the Eleventh Circuit in the current Pryor standings.

Update: In news coverage, Nate Raymond of Reuters reports that “Biden moves to fill key appellate seat vacated by U.S. Supreme Court’s Jackson.”

Posted at 1:39 PM by Howard Bashman



Tuesday, May 24, 2022

“U.S. Senate confirms Biden judicial pick Davis for 6th Circuit seat”: Nate Raymond of Reuters has this report.

And Rose Wagner of Courthouse News Service reports that “Black judge installed by Trump confirmed to 6th Circuit; Judge Stephanie Dawkins Davis holds the distinction of securing her nominations in both the Trump and Biden administrations.”

Today, the U.S. Senate confirmed U.S. District Judge Stephanie Dawkins Davis to serve on the U.S. Court of Appeals for the Sixth Circuit by a vote of 49-to-43.

Posted at 10:00 PM by Howard Bashman



“Court battles over ballots in the McCormick-Oz Pennsylvania Senate race have split the GOP; With a recount looming, state and national Republican Party officials vowed Tuesday to oppose Senate candidate David McCormick’s legal push to have thousands of contested mail ballots counted”: Jeremy Roebuck, Jonathan Lai, and Julia Terruso of The Philadelphia Inquirer have this report.

And Marc Levy of The Associated Press reports that “Court battles go down to count deadline in Pa. Senate race.”

You can view the filings in the Pa. Supreme Court case concerning undated mail-in ballots via this link.

Posted at 9:46 PM by Howard Bashman



“Courts stymie abortion bans in Iowa, other GOP-led states”: Thomas Beaumont and David Pitt of The Associated Press have this report.

Posted at 9:44 PM by Howard Bashman



“Can Roberts steer Supreme Court safely through abortion case crisis?” Henry Gass of The Christian Science Monitor has this report.

Posted at 9:34 PM by Howard Bashman



“To the extent that the Supreme Court in Bell preserved the understanding that a ‘wholly insubstantial and frivolous’ claim somehow fails even to invoke the federal courts’ subject-matter jurisdiction, it was wrong.” So wrote Eleventh Circuit Judge Kevin C. Newsom on Friday in a concurring opinion, in which the other two judges on the three-judge panel also joined.

Posted at 10:09 AM by Howard Bashman



“Dan Markel murder: Cell phone, money trail in Magbanua retrial spotlight on Day 4 | recap.” Karl Etters of The Tallahassee Democrat has this report.

Posted at 9:28 AM by Howard Bashman



“Dan Markel murder: Katherine Magbanua retrial (Day 5 – May 24).” The Tallahassee Democrat is live-streaming today’s trial proceedings on YouTube via this link.

Posted at 9:16 AM by Howard Bashman



Monday, May 23, 2022

“Gun Possession Ban for People in US Illegally Survives Challenge”: Peter Hayes of Bloomberg Law has a report (subscription required for full access) that begins, “A federal law that bars people living in the US illegally from possessing a firearm doesn’t violate the Second Amendment right to bear arms, the Eleventh Circuit ruled Monday.”

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

Posted at 9:57 PM by Howard Bashman



“J&J bankruptcy trustee balks at Neal Katyal’s $2,465 hourly rate”: Karen Sloan and Mike Scarcella of Reuters have this report.

Posted at 9:40 PM by Howard Bashman



“Israel’s Supreme Court Had 74 Interns in the Past Two Years. Only One Was Arab. Data requested by Haaretz reveals lack of diversity in the Israeli Supreme Court internship program, with vast majority of interns coming from the same academic institutions and cities.” Chen Maanit of Haaretz has this report.

Posted at 9:00 PM by Howard Bashman



“Supreme Court to rule soon on Upstate NY case that could make it easier to carry guns across US”: Chris Libonati of The Post-Standard of Syracuse, New York has this report.

Posted at 8:47 PM by Howard Bashman



“Former Iowa Taco Bell worker wins at U.S. Supreme Court in wage-theft lawsuit”: William Morris of The Des Moines Register has this report.

Posted at 8:45 PM by Howard Bashman



“Roe v. Wade Must Go for Precedent’s Sake; Stare decisis is too important to be defined by such a poorly reasoned case”: Adam J. White will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 8:42 PM by Howard Bashman



“Supreme Court again declines to rule in abortion case, despite protests; Supreme Court is not rushing to release its opinion in Dobbs v. Jackson Women’s Health Organization”: Ronn Blitzer of Fox News has this report.

Posted at 8:40 PM by Howard Bashman