How Appealing



Thursday, September 15, 2022

“Elementary, my dear Willett”: Willett Elementary School in Forney, Texas — named in honor of Fifth Circuit Judge Don R. Willett — is now open for learning. Reportedly, the curriculum will include a course in tweeting dad jokes and the like, which students will be expected to participate in until they are confirmed to the federal judiciary.

Speaking of which, Dylan O. Drummond has tweeted this video clip featuring the nation’s umpire-in-chief commemorating the school’s opening.

Finally, what time like the present to follow on Twitter both @BolchJudicial and @DukeJudicature?

Posted at 10:08 PM by Howard Bashman



“Ohio Supreme Court Chief Justice Maureen O’Connor says she’ll join anti-gerrymandering effort after leaving office”: Andrew J. Tobias of The Cleveland Plain Dealer has this report.

Posted at 9:48 PM by Howard Bashman



“This judge’s powerful writing on racism could inspire U.S. Supreme Court to hear Mississippi case; The 5th Circuit ruled an 1890 constitutional provision written to keep Black Mississippians from voting is not discriminatory; U.S. Court of Appeals Judge James Graves Jr. disagreed, writing a blistering dissent that could inspire SCOTUS to step in”: Bobby Harrison of Mississippi Today has this report.

Posted at 9:40 PM by Howard Bashman



“Democrats Delay Senate Vote to Protect Gay Marriage as G.O.P. Balks”: Annie Karni of The New York Times has this report.

Leigh Ann Caldwell of The Washington Post reports that “Senate punts on same-sex marriage vote until after midterms; The Respect for Marriage Act would enshrine federal protections for same-sex and interracial marriages and repeal the 1996 Defense of Marriage Act.”

And Natalie Andrews of The Wall Street Journal reports that “Same-Sex Marriage Vote Delayed Until After Midterms; Democrats and other advocates say they need to build more support among undecided Republicans.”

Posted at 9:18 PM by Howard Bashman



“Apple wants appeals court bailout in privilege dispute over Tim Cook emails”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 8:47 PM by Howard Bashman



“Federal Judges Playing Amateur Doctor Goes About As Poorly As You’d Expect; Courts care deeply about the existence of a scientific consensus, unless a scientific consensus yields an answer they don’t like”: Lisa Needham has this post at Balls and Strikes.

Posted at 8:40 PM by Howard Bashman



“Justice Jackson’s New Disclosures Highlight Transparency Gaps”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 8:37 PM by Howard Bashman



“Justices Yet to Decide on Live Audio Kept in Appeals Courts”: Jordan S. Rubin and Madison Alder of Bloomberg Law has this report.

Posted at 8:35 PM by Howard Bashman



“Elena Kagan’s ‘Political’ Supreme Court; The Justice gives an assist to those attacking the Court’s legitimacy”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 7:52 PM by Howard Bashman



“Fraudulent Document Cited in Supreme Court Bid to Torch Election Law; Supporters of the ‘independent state legislature theory’ are quoting fake history”: Ethan Herenstein and Brian Palmer have this essay online at Politico Magazine.

Posted at 5:52 PM by Howard Bashman



“Trump’s Personal Coup Lawyer Looks to the Supreme Court for His Next Election Fix; John Eastman has some wild-eyed ideas about ‘independent state legislature theory,’ and he’s hoping the high court’s majority will be willing to play along next term”: Matt Ford has this essay online at The New Republic.

Posted at 5:46 PM by Howard Bashman



“Despite ‘Procedural’ Setback, Legal Community Says Freeman’s Confirmation to 3rd Circuit Still Likely”: Max Mitchell of The Legal Intelligencer has this report.

A particularly well-informed observer informs me that if confirmed, this nominee would be the second to have the full U.S. Senate vote down the nominee on an up-or-down vote before the nominee was later confirmed to the same judicial post. The earlier instance, however, did not occur on reconsideration before the same Senate. Rather, it required a subsequent nomination by a different President, resulting in confirmation nearly 15 years after the original defeat.

Posted at 1:34 PM by Howard Bashman



“Senate approves Rhode Island Public Defender Montecalvo for federal appeals court”: Katie Mulvaney of The Providence Journal has this report.

Nate Raymond of Reuters reports that “U.S. Senate vote gives Biden record for most public defenders on appeals courts.”

And Madison Alder of Bloomberg Law reports that “Biden Sets Record for Public Defenders on Bench With Sixth Judge.”

Yesterday, the U.S. Senate confirmed Lara E. Montecalvo to serve on the U.S. Court of Appeals for the First Circuit by a vote of 52-to-47.

Posted at 1:26 PM by Howard Bashman