How Appealing



Tuesday, September 20, 2022

“John Roberts’s Long Game: Is this the end of the Voting Rights Act?” Linda Greenhouse has this article in the October 2022 issue of The Atlantic.

Posted at 2:28 PM by Howard Bashman



“Judiciary Repeats Call for Improved Security for Judges, Acts on Administrative Issues”: The Administrative Office of the U.S. Courts issued this news release today.

Posted at 2:22 PM by Howard Bashman



“The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid — NetChoice v. Paxton”: Eric Goldman has this lengthy post at his “Technology & Marketing Law Blog.”

Posted at 1:30 PM by Howard Bashman



“The Fifth Circuit’s Social Media Decision: A Dangerous Example of First Amendment Absolutism.” Alan Z. Rozenshtein has this post at the “Lawfare” blog.

Posted at 1:28 PM by Howard Bashman



“Justice John Paul Stevens Courtyard Dedication Ceremony and Honorary Chicago Avenue Street Naming”: Northwestern Pritzker School of Law has posted this video on YouTube. The event featured remarks from Justice Elena Kagan, attorney Carter G. Phillips, and attorney/grandchild of the honoree Hannah Mullen, among others.

Posted at 1:14 PM by Howard Bashman



“Supreme Court Justice Kagan warns against court involvement in politics at Salve talk”: Zane Wolfang of The Newport (R.I.) Daily News has this report.

Edward Fitzpatrick of The Boston Globe reports that “Supreme Court shouldn’t be ‘inserting itself into every hot-button issue in America,’ Justice Kagan says; Speaking at Salve Regina University, Kagan rejects the idea that ‘law is politics,’ saying a court does best when it doesn’t allow personal political views to affect or infect its judging.”

And SALVEtoday has a report headlined “Supreme Court Justice Elena Kagan covers wide range of topics during Salve Regina University conversation.”

Posted at 1:02 PM by Howard Bashman



Monday, September 19, 2022

“Two Republican judges just let Texas seize control of Twitter and Facebook; The Fifth Circuit wants to put Texas Republicans in charge of social media platforms”: Ian Millhiser has this essay online at Vox.

Posted at 9:38 PM by Howard Bashman



“Michael Gableman, who produced no evidence of 2020 election fraud in $1 million review, now suggests the country needs revolution”: Molly Beck of The Milwaukee Journal Sentinel has this report.

Posted at 9:32 PM by Howard Bashman



“The Supreme Court Gets a Chance to Revisit America’s Imperialist Past; A trio of American Samoan plaintiffs are asking the high court to end their status as second-class citizens”: Matt Ford has this essay online at The New Republic.

Posted at 9:07 PM by Howard Bashman



“A landmark Supreme Court fight over social media now looks likely; The stakes are high because of the increasingly dominant role platforms such as Twitter and Facebook play in American democracy and elections”: Robert Barnes and Ann E. Marimow of The Washington Post have this report.

Posted at 9:04 PM by Howard Bashman



“Kagan warns the Supreme Court must ‘act like a court’ to keep Americans’ faith; After a decision overturning Roe v. Wade in June, some justices on the Supreme Court have been speaking out about public reaction to the ruling”: John Fritze of USA Today has this report.

Posted at 9:00 PM by Howard Bashman



“Cancer victims urge court to end J&J bankruptcy roadblock to lawsuits”: Dietrich Knauth of Reuters has this report.

Daniel Gill of Bloomberg Law reports that “J&J Talc Bankruptcy ‘Bad Faith’ Claims Go Before Third Circuit.”

Brian Mann of NPR reports that “J&J tried to block lawsuits from 40,000 cancer patients. A court wants answers.”

And in earlier coverage, Jonathan Randles of The Wall Street Journal had an article headlined “Jurist Noted for Bankruptcy Expertise Will Weigh J&J Talc Appeal; Appellate judge Thomas Ambro, a former bankruptcy practitioner, will rule on a disputed chapter 11 filing that froze mass talc lawsuits against Johnson & Johnson.”

Posted at 8:52 PM by Howard Bashman



“Adnan Syed walks out of Baltimore courthouse after judge overturns his 1999 murder conviction”: Alex Mann and Lee O. Sanderlin of The Baltimore Sun have this report.

Posted at 8:40 PM by Howard Bashman



Sunday, September 18, 2022

“Justices join debate on Supreme Court’s legitimacy after abortion ruling; The court faces a decline in popular support, with more contentious cases on the horizon”: Lawrence Hurley of NBC News has this report.

Posted at 10:32 PM by Howard Bashman



Saturday, September 17, 2022

“At Millions Per Detainee, Guantánamo Prison Stuck in a Cycle of Costly Delays; The mission has relied on short-term fixes for things like housing and medical care for two decades; With 36 detainees left, the prison will soon receive its 21st commander”: Carol Rosenberg has this front page article in today’s edition of The New York Times.

Posted at 5:00 PM by Howard Bashman



“The story of the praying Bremerton coach keeps getting more surreal”: Columnist Danny Westneat has this essay online at The Seattle Times.

Posted at 4:48 PM by Howard Bashman



Friday, September 16, 2022

“A federal court clears the way for a Texas social media law; The law, which had been blocked by a lower court, makes it possible to sue large social media platforms for taking down political viewpoints”: David McCabe of The New York Times has this report.

Cat Zakrzewski of The Washington Post reports that “Appeals court upholds Texas law regulating social media moderation; The decision could set up a Supreme Court showdown over the future of online speech.”

Brent Kendall of The Wall Street Journal reports that “Appeals Court Upholds Texas Law Regulating Social-Media Platforms; Supreme Court previously put the law on hold and could decide its fate.”

Jasper Scherer of The Houston Chronicle reports that “Fifth Circuit Court of Appeals upholds Texas ban on social media censorship.”

Paul J. Weber of The Associated Press reports that “Court rules in favor of Texas law on social media regulation.”

Daniel Trotta of Reuters reports that “U.S. appeals court rejects big tech’s right regulate online speech.”

Joe Schneider and Alex Barinka of Bloomberg News report that “Texas Social-Media Law on Web Censorship Upheld by Federal Appeals Court; Meta, Twitter say law will prevent the blocking of hate speech; Texas Governor Greg Abbott enacted the legislation a year ago.”

Rebecca Kern of Politico reports that “5th Circuit upholds Texas law forbidding social media ‘censorship’ — again; The ruling is a win for Texas Gov. Greg Abbott and Texas Attorney General Ken Paxton in their efforts to combat what they call censorship of conservative viewpoints by social media companies.”

Jesus Vidales of The Texas Tribune reports that “Texas social media ‘censorship’ law goes into effect after federal court lifts block; The ruling Friday from the 5th U.S. Circuit Court of Appeals likely means the case, which could have wide implications for online speech, will go before the U.S. Supreme Court again.”

And at Techdirt, Mike Masnick has a post titled “5th Circuit Rewrites A Century Of 1st Amendment Law To Argue Internet Companies Have No Right To Moderate.”

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

Posted at 11:00 PM by Howard Bashman



“U.S. Discloses Decades of Justice Dept. Memos on Presidential War Powers; Executive branch lawyers secretly worked to limit the reach of a post-Vietnam War law, according to a trove of opinions from the Office of Legal Counsel”: Charlie Savage of The New York Times has this report.

Posted at 10:28 PM by Howard Bashman



“Justice Sotomayor: ‘There’s going to be some question about the court’s legitimacy’; The remarks — somewhat more restrained than her colleague Elena Kagan’s — were made at an event celebrating the 50th anniversary of the Lawyers Club of San Diego.” Hillel Aron of Courthouse News Service has this report.

Posted at 10:25 PM by Howard Bashman



“Justice Dept. Appeals Part of Review of Materials Seized at Mar-a-Lago; The government is following through on its vow to challenge a ruling by a Trump-appointed judge in Florida, setting up a high-stakes legal fight”: Glenn Thrush, Alan Feuer, and Charlie Savage of The New York Times have this report.

Devlin Barrett of The Washington Post reports that “Justice Dept. appeals judge’s rulings on classified material in Mar-a-Lago case; The Friday night filing asks a higher court to intercede against parts of the decision to appoint a special master to review documents seized from Trump’s club.”

Sadie Gurman and Aruna Viswanatha of The Wall Street Journal report that “Justice Department Appeals Parts of Judge’s Ruling on Documents Seized at Trump’s Mar-a-Lago; Prosecutors ask appeals court to allow them to resume reviewing documents marked as classified.”

And Josh Gerstein and Kyle Cheney of Politico report that “Justice Dept. asks appeals court to restore access to Trump raid documents; The DOJ’s widely expected escalation of the legal fight came one day after a Trump-appointed judge rebuffed prosecutors’ request for a stay.”

You can access the federal government’s Motion for Partial Stay Pending Appeal filed today in the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 10:16 PM by Howard Bashman



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