How Appealing



Thursday, September 22, 2022

“Abortion rights lawyer vows as judge to follow U.S. Supreme Court ruling”: Nate Raymond of Reuters has this report.

Julia Shapero of The Hill reports that “GOP senators grill Biden judicial nominee over past abortion advocacy.”

And Brad Kutner of The National Law Journal reports that “Julie Rikelman, Attorney Who Defended Abortion at Supreme Court, Lambasted by Republicans in Confirmation Hearing; The attacks came hard and fast as senators used the opportunity to attack the abortion advocate who lost a landmark abortion case this past term.”

You can view the video of yesterday’s U.S. Senate Judiciary Committee confirmation hearing for judicial nominees via this link.

Posted at 3:04 PM by Howard Bashman



“The Biden administration supports the death penalty; Although Biden’s campaign promised to ‘eliminate the death penalty,’ his administration told a court in a case last week that AG Merrick Garland ‘has decided to continue to seek the death penalty'”: Chris Geidner has this post at his “Law Dork” Substack site.

Posted at 2:51 PM by Howard Bashman



“Politics has no place on the Michigan Supreme Court, candidates say”: Arpan Lobo of The Detroit Free Press has this report.

Posted at 2:46 PM by Howard Bashman



“DOJ strikes deal with Newton judge charged with helping immigrant evade ICE capture; The agreement allows for the dismissal of federal charges against Judge Shelley Joseph, though the case will be referred to the Massachusetts Commission on Judicial Conduct”: Shelley Murphy of The Boston Globe has this report.

Posted at 2:44 PM by Howard Bashman



“Judge blocks Indiana’s new abortion law — for now”: Shari Rudavsky and Kaitlin Lange of The Indianapolis Star have this report.

Posted at 1:56 PM by Howard Bashman



“Both sides in Yeshiva lawsuit agree to stay; Stay will allow University to continue appeal without threat of sanctions”: Becket has posted this news release online today.

Posted at 12:55 PM by Howard Bashman



Wednesday, September 21, 2022

“Florida brings battle over social media regulation to Supreme Court; The state attorney general filed a petition to the court Wednesday, after two lower courts split on decisions about social media laws”: Will Oremus and Cat Zakrzewski of The Washington Post have this report.

Brendan Pierson of Reuters reports that “Florida asks U.S. Supreme Court to revive law targeting social media ‘censorship.’

Brian Fung of CNN Business reports that “Florida asks Supreme Court to rule on its controversial social media law.”

Rebecca Kern of Politico reports that “Florida appeals 11th Circuit social media ruling to SCOTUS; The May decision by the 11th Circuit Court of Appeals conflicts with a ruling last week by the 5th Circuit Court of Appeals.”

Rebecca Klar of The Hill reports that “Florida asks Supreme Court to consider controversial social media law.”

And Kelsey Reichmann of Courthouse News Service reports that “Florida asks Supreme Court to review social media censorship law; With two lower courts diverging on whether or not states can interfere with social media companies’ content regulation, the question now lands on the high court’s steps.”

You can access Florida’s petition for writ of certiorari at this link.

Posted at 9:32 PM by Howard Bashman



“First, Smear All the Lawyers; David Enrich casts my firm in a false light and argues some clients don’t deserve representation”: Kevyn Orr will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 8:50 PM by Howard Bashman



“House Jan. 6 committee comes to agreement to interview Ginni Thomas, wife of Justice Clarence Thomas”: Bart Jansen and John Fritze of USA Today have this report.

Posted at 8:08 PM by Howard Bashman



“Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump; A federal judge had temporarily barred the department from using the records marked as classified in its inquiry into whether the former president illegally retained national defense documents”: Charlie Savage, Glenn Thrush, and Alan Feuer of The New York Times have this report.

Katelyn Polantz and Tierney Sneed of CNN report that “DOJ can resume criminal probe of classified documents from Mar-a-Lago, appeals court says.”

And Kyle Cheney of Politico reports that “Appeals panel says judge erred in blocking DOJ probe of Mar-a-Lago documents; The panel ruled that Judge Aileen Cannon erred when she prevented federal prosecutors from using the 100 documents.”

You can access this evening’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Update: In other coverage, Devlin Barrett of The Washington Post reports that “Appeals court sides with Justice Department in Mar-a-Lago case; The federal appeals court says the Justice Department can review classified documents for ongoing criminal investigation.”

And Aruna Viswanatha, Sadie Gurman, and Jan Wolfe of The Wall Street Journal report that “Government Wins Appeal on Mar-a-Lago Classified Documents; 11th Circuit grants Justice Department’s request to retain classified material from Trump’s home rather than hand it over to special master.”

Posted at 8:07 PM by Howard Bashman



“Book Review: ‘Dinners With Ruth’ and Without Any Semblance of Journalistic Standards, By Nina Totenberg; The veteran Supreme Court journalist has long faced criticism related to her close friendship with Justice Ruth Bader Ginsburg; Now, she’s written a whole book celebrating it.” G.S. Hans has this post at Balls and Strikes.

Posted at 1:50 PM by Howard Bashman



“New Marquette Law School Poll finds national approval of U.S. Supreme Court’s work continues to be lower than in 2020”: Charles Franklin has this post at the Marquette University Law School Poll.

You can access the detailed survey results via this link.

Posted at 1:20 PM by Howard Bashman



“Supreme Court poised to rule on law rolling back Big Tech ability to muzzle opinions; Court ruling could affect social media ability to label opinions as ‘misinformation'”: Brianna Herlihy of Fox News has this report.

Posted at 1:16 PM by Howard Bashman



“Dobbs Lawyer Says She’d Apply Abortion Ruling as Circuit Judge”: Madison Alder of Bloomberg Law has a report that begins, “The lawyer who represented the Mississippi abortion clinic in the Supreme Court case that overturned the constitutional right to abortion told lawmakers that she would follow the decision if confirmed to a federal appellate seat.”

Posted at 11:30 AM by Howard Bashman



“Harvard says didn’t need to notify insurer about Asian discrimination lawsuit”: Barbara Grzincic of Reuters has a report that begins, “Harvard University did not have to give Zurich American Insurance Co timely notice about an affirmative-action lawsuit filed against it because the insurer ‘surely knew about’ the high-profile case from extensive media coverage and its own underwriting practices, attorneys for the school said in a federal-court filing Monday night.”

Posted at 11:25 AM by Howard Bashman



“Ex-justice’s slaveholding past prompts move to change Ohio law school’s name”: Karen Sloan of Reuters recently had a report that begins, “Another law school is close to a break-up with the influential early U.S. Supreme Court Justice John Marshall.”

Posted at 11:22 AM by Howard Bashman



“Crypto law firm Roche Freedman fights to stay in bitcoin case after videos surface”: Alison Frankel’s “On the Case” from Reuters has a post that begins, “A hotly contested disqualification fight at the 11th U.S. Circuit Court of Appeals should provide a good indication of just how much damage the crypto law firm Roche Freedman is facing after last month’s revelation of surreptitious video recordings of name partner Kyle Roche.”

Posted at 11:20 AM by Howard Bashman



“‘Spillover’: Supreme Court’s affirmative action cases could affect the workplace next; The high court is considering challenges to the use of race in admission policies at Harvard and the University of North Carolina; ‘There absolutely will be spillover,’ a law professor said.” John Fritze of USA Today has this report.

Posted at 11:08 AM by Howard Bashman



“Willett Elementary Dedication 2022”: Forney ISD has posted this video on YouTube. The video begins with a prerecorded message from Chief Justice John G. Roberts, Jr.

My earlier coverage of this event can be accessed here.

Posted at 10:32 AM by Howard Bashman



Tuesday, September 20, 2022

“Republican Supreme Court to Decide If Democrats Are Allowed to Win Elections Anymore; The independent state legislature theory has been picking up steam on the right; Moore v. Harper could be its next big break”: Yvette Borja has this post at Balls and Strikes.

Posted at 9:12 PM by Howard Bashman



“An unsung hero of our Supreme Court: Retired justice David Souter, who turned 83 a few days ago, exemplifies the kind of humility and grace that receives scant attention in our celebrity-driven, 24/7 news-cycle world.” Timothy P. O’Neill has this essay online at The Chicago Sun-Times.

Posted at 9:08 PM by Howard Bashman



“The Supreme Court could revisit ‘archaic’ citizenship cases. The Biden administration is urging it to pass.” Bob Egelko of The San Francisco Chronicle has this report.

Posted at 8:57 PM by Howard Bashman



“The most powerful conservative Court of all time?” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 5:30 PM by Howard Bashman



“The Supreme Court can’t escape the 2020 presidential race and is already involved in 2024 politics”: Ariane de Vogue of CNN has this report.

Posted at 4:15 PM by Howard Bashman



“Scientist renews bid to name artificial intelligence as U.S. patent holder”: Blake Brittain of Reuters has this report.

And at his “Patently-O” blog, Dennis Crouch has a post titled “A.I.Nventor.”

You can access the rehearing petition at this link.

Posted at 4:14 PM by Howard Bashman



“Mitch McConnell’s Refusal to Seat Merrick Garland on the Supreme Court Is Coming Back to Haunt Him; The right-wing court’s abortion decision could cost the Republicans the Senate — and thus deny McConnell another term as majority leader”: Walter Shapiro has this essay online at The New Republic.

Posted at 4:06 PM by Howard Bashman



“Conservative Law Professors Keep Testing the Limits of the Human Capacity For Shame; Jonathan Turley continues his doomed pursuit of the federal judicial appointment that will never come”: Elie Mystal has this post at Balls and Strikes.

Posted at 3:48 PM by Howard Bashman