How Appealing



Friday, May 20, 2022

“No Joan Biskupic, Justice Thomas Did Not Take A ‘Surprising, Public Jab’ At Chief Justice Roberts; Justice Thomas waxed nostalgically about the Rehnquist Court; He did not blame Roberts for the change”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:05 PM by Howard Bashman



“The 5th Circuit’s Ambush Against the SEC Is Unprecedented and Shocking; Two conservative judges are threatening to turn the executive branch into an instrument of the president’s personal power”: Law professor Blake Emerson has this jurisprudence essay online at Slate.

And online at Vox, Ian Millhiser has an essay titled “A wild new court decision would blow up much of the government’s ability to operate; The US Court of Appeals for the Fifth Circuit’s decision in Jarkesy v. SEC would dismantle much of the system the federal government uses to enforce longstanding laws.”

Posted at 12:28 PM by Howard Bashman



“Ginni Thomas, wife of Supreme Court justice, pressed Ariz. lawmakers to help reverse Trump’s loss, emails show”: Emma Brown of The Washington Post has this report.

Posted at 12:23 PM by Howard Bashman



“Arizona gets a win in court challenge to Biden COVID funds tax restriction”: Casey Harper of The Center Square has this report.

At “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Ninth Circuit Concludes Arizona Has Standing to Challenge Conditions on COVID Relief Funds; Language in the American Rescue Plan Act prohibits states from using the funds ‘directly or indirectly’ to offset lost revenues from tax cuts.”

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

Posted at 10:04 AM by Howard Bashman



“Markel Trial Day 4: A chilling statement, a crime scene drive-by, and a possible framing attempt.” Peter Schorsch of Florida Politics has this report.

Posted at 9:40 AM by Howard Bashman



“Dan Markel murder: Katherine Magbanua retrial (Day 3 — May 20).” The Tallahassee Democrat is live-streaming today’s trial proceedings on YouTube via this link.

Posted at 9:33 AM by Howard Bashman



“Court to investigate leaked survey alleging misconduct among judges; Disclosure of the confidential survey has amplified criticism of the judiciary among some in Congress, where pending legislation would extend to the judiciary’s 30,000 employees the same antidiscrimination rights afforded to other government employees”: Ann E. Marimow of The Washington Post has this report.

Posted at 8:14 AM by Howard Bashman



“I, Too, Have a Human Form; In Justice Alito’s draft opinion, the pregnant body is erased”: Irin Carmon has this post at the “Intelligencer” blog of New York magazine.

Posted at 8:12 AM by Howard Bashman



“Dems debate limited options as Roe decision looms; The party could talk contraception, abortion pills, privacy concerns, codifying Roe and more; They have plenty of options, but no clear path forward”: Marianne LeVine of Politico has this report.

Posted at 8:10 AM by Howard Bashman



“Clarence Thomas calls out John Roberts as Supreme Court edges closer to overturning Roe v. Wade”: Joan Biskupic of CNN has this report.

Posted at 8:08 AM by Howard Bashman



Thursday, May 19, 2022

“The Ironic, Unintended Consequence of SCOTUS’s Plan to Overturn Roe; It’s suddenly far easier to access abortion in many parts of the country”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:54 PM by Howard Bashman



“Pete Williams to retire from NBC News after epic Washington career; A former Pentagon spokesman, Williams made the unusual move 29 years ago to return to hard-news reporting; Many historic scoops followed”: Jeremy Barr of The Washington Post has this report.

Posted at 9:27 PM by Howard Bashman



“A Famed Federal Judge Pens a Romance Novel. Yes, a Romance Novel. A romance novel by Judge Wilkinson raises eyebrows, but he says creative writing helps him as a judge and makes his legal writing fresher and more accessible.” Tony Mauro has this post at his “The Marble Palace Blog.”

Posted at 7:56 PM by Howard Bashman



“‘End the madness’: Dan Markel’s ex-wife Wendi Adelson says ‘I have done nothing wrong.'” Jeff Burlew and Karl Etters of The Tallahassee Democrat have this report (subscription required for access).

Posted at 7:46 PM by Howard Bashman



“If Supreme Court lets Texas censor law proceed, internet will be a cesspool. Or not.” Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 5:27 PM by Howard Bashman



“Leaks, Pandemic, and Hot-Button Issues Strain SCOTUS’ Collegiality”: Marcia Coyle of The National Law Journal has this report.

Posted at 4:24 PM by Howard Bashman



“The Dan Markel Case: Opening Statements; Is the best defense a good offense for Katie Magbanua?” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 4:18 PM by Howard Bashman



“Investigating the SCOTUS leak: Here’s what needs to be done.” Nicholas Peck and Thomas Feeney have this essay online at The Hill.

Posted at 1:26 PM by Howard Bashman



“Ohio won’t pass abortion ban until after U.S. Supreme Court decision”: Jessie Balmert of The Cincinnati Enquirer has this report.

Posted at 1:23 PM by Howard Bashman



“‘Unacceptable, dangerous’: AG Garland slams threats against Supreme Court justices amid Roe protests.” Kevin Johnson and John Fritze of USA Today have this report.

Posted at 1:21 PM by Howard Bashman



“Dan Markel murder: Wendi Adelson grilled as she testifies under immunity.” Karl Etters of The Tallahassee Democrat has this report.

Posted at 1:14 PM by Howard Bashman



“Getting Closer to the Constitution: As they seek to refine their method, originalists should pay more attention to the contemporaneous construction put on the Constitution.” At the “Law & Liberty” blog, Angus McClellan has a post that begins, “If the leaked draft of the Dobbs v. Jackson Women’s Health Organization opinion is any indication, the future of conservatism in the courts is not common good constitutionalism.”

Posted at 11:00 AM by Howard Bashman



“Pete Williams, Longtime Correspondent Covering Supreme Court And Justice Department, To Depart NBC News In July”: Ted Johnson of Deadline has this report.

Posted at 10:50 AM by Howard Bashman



“A federal appeals court says the S.E.C.’s use of an in-house judge violates defendants’ rights; The ruling by an appeals court covering Texas, Louisiana and Mississippi applies only in that territory, but it’s the latest challenge to the way the agency handles enforcement actions”: Matthew Goldstein of The New York Times has this report.

Jody Godoy of Reuters reports that “SEC in-house judges violate right to jury trial, appeals court rules.”

Jennifer Bennett of Bloomberg Law reports that “SEC In-House Hearing Violates Right to Jury, Fifth Cir. Says.”

And Brad Dress of The Hill reports that “Court rules SEC’s internal judges are unconstitutional.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 10:22 AM by Howard Bashman



“Dan Markel murder: Katherine Magbanua retrial Day 2 (May 19).” The Tallahassee Democrat is live-streaming today’s trial proceedings on YouTube via this link. Wendi Adelson is testifying right now.

Posted at 9:19 AM by Howard Bashman