How Appealing



Tuesday, September 13, 2022

“The Dan Markel Case: No Bail For Charlie Adelson; Plus a new recording of Harvey Adelson, and two new books about the tragedy and its aftermath.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 4:22 PM by Howard Bashman



“Biden Appellate Pick Freeman Fails in Confirmation Vote; At least two Democrats missing from vote in narrowly divided Senate; Freeman would become first woman of color on Third Circuit if Confirmed”: Madison Alder of Bloomberg Law has this report.

And Avalon Zoppo of The Legal Intelligencer reports that “Senate Fails to Confirm Public Defender Arianna Freeman to the 3rd Circuit; Freeman’s nomination was backed by Big Law and former federal prosecutors.”

Update: In other coverage, Alex Swoyer of The Washington Times reports that “Biden judicial nominee loses Senate confirmation vote.”

Nate Raymond and Mike Scarcella of Reuters report that “U.S. appeals court nominee Freeman fails in rare setback.”

And Alexander Bolton of The Hill reports that “Biden court nominee fails to win confirmation as two Democrats miss vote.”

You can access the U.S. Senate‘s official vote tally rejecting the nomination of Arianna J. Freeman to serve on the U.S. Court of Appeals for the Third Circuit by a vote of 50-to-47 at this link.

Posted at 1:18 PM by Howard Bashman



“Senate Democrats continue rush of judicial votes with 9th Circuit appointment”: Nate Raymond and Mike Scarcella of Reuters have this report.

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday issued a news release titled “Senate Confirms Salvador Mendoza Jr. to Seat on U.S. Court of Appeals for the Ninth Circuit.”

Yesterday, the U.S. Senate voted 46-to-40 to confirm U.S. District Judge Salvador Mendoza, Jr. (E.D. Wash.) to a seat on the Ninth Circuit.

Posted at 1:13 PM by Howard Bashman



“Justice Kagan cautions Supreme Court can forfeit legitimacy”: Mark Sherman of The Associated Press has this report.

Kimberly Strawbridge Robinson of Bloomberg Law reports that “Disregarding Precedent Can Harm Judicial Legitimacy, Kagan Says.”

Ariane de Vogue of CNN reports that “Kagan calls leak of draft opinion overturning Roe ‘horrible’ and expects investigation update by month’s end.”

Beth Harpaz of Forward reports that “Supreme Court’s only Jewish member warns of judges ‘undermining their own legitimacy’; Elena Kagan, speaking at a synagogue, discussed her ‘quasi-bat mitzvah,’ Chinese food on Christmas — and concerns about ‘politics’ on the high court.”

And Andrew Silow-Carroll of New York Jewish Week reports that “Elena Kagan, in synagogue talk, says courts lose legitimacy when they stray from precedent.”

Video of Justice Elena Kagan’s talk is not yet available for on-demand viewing.

Posted at 11:54 AM by Howard Bashman



“Trump banned bump stocks after deadly Las Vegas shooting. Now the issue is in the Supreme Court’s hands. Experts say the Supreme Court may be waiting for additional lower court rulings before wading into the question of whether bump stocks count as machine guns under federal law.” John Fritze of USA Today has this report.

Posted at 11:44 AM by Howard Bashman



Monday, September 12, 2022

“Yeshiva University Case Means We’re All Jews Now; Every American has a stake in upholding the school’s right to free exercise”: Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 9:36 PM by Howard Bashman



“Chief Justice Anne Burke stepping down from Illinois Supreme Court; The retirement comes a year before her husband, Ald. Ed Burke (14th), is scheduled to stand trial on federal racketeering charges”: Tina Sfondeles of The Chicago Sun-Times has this report.

Posted at 9:27 PM by Howard Bashman



“Roberts joins the chorus of Supreme Court whining”: Columnist Jennifer Rubin has this essay online at The Washington Post.

Posted at 9:25 PM by Howard Bashman



“The Supreme Court fight over whether religious schools can discriminate against LGBTQ people: Yeshiva University v. YU Pride Alliance is a genuinely difficult case about just how much immunity religious institutions should have from the law.” Ian Millhiser has this essay online at Vox.

Posted at 5:34 PM by Howard Bashman



“A Judge Let Employers Exclude HIV Prevention From Workers’ Insurance. That’s Not Even the Worst Part. An anti-gay attack on the Affordable Care Act could end in grievous harm to millions of Americans.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 5:32 PM by Howard Bashman



“Johnson & Johnson and a New War on Consumer Protection: The company has spent billions on cases about one of its most popular products; As its executives try a brazen new legal strategy to stop the litigation, corporate America takes note.” Casey Cep has this article in the September 19, 2022 issue of The New Yorker.

Posted at 5:22 PM by Howard Bashman



Sunday, September 11, 2022
Saturday, September 10, 2022

“GOP backs away from some hard-line abortion measures it once championed”: Caroline Kitchener, Katie Shepherd, Rachel Roubein, and Marianna Sotomayor have this front page article in today’s edition of The Washington Post.

Posted at 9:30 PM by Howard Bashman



“How Biden’s judicial record could affect the country’s courts”: This audio segment appeared on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 9:28 PM by Howard Bashman



“Sprang a leak: Inside the saga to uncover who spilled Supreme Court’s Roe secret.” Kaelan Deese of Washington Examiner has this report.

Posted at 4:51 PM by Howard Bashman



“Medical Impact of Roe Reversal Goes Well Beyond Abortion Clinics, Doctors Say; State abortion bans carry narrow but sometimes vague exceptions, and years of prison time; That’s forcing doctors to think like lawyers, and hospitals to create new protocols”: Kate Zernike will have this article in Sunday’s edition of The New York Times.

Posted at 4:48 PM by Howard Bashman



“Roberts says Supreme Court will reopen to public and defends legitimacy”: Robert Barnes and Michael Karlik of The Washington Post have this report.

John Fritze of USA Today reports that “Chief Justice Roberts defends Supreme Court’s legitimacy post-Roe, announces reopening; ‘I think just moving forward from things that were unfortunate is the best way to respond to it,’ the chief justice said of recent controversy and criticism of the court, according to a media report.”

Joel Rosenblatt of Bloomberg News reports that “John Roberts Decries Attacks on Supreme Court’s ‘Legitimacy’; Top judge speaks publicly for first time since abortion ruling; Chief justice addresses meeting of judges, lawyers in Colorado.”

Colleen Slevin of The Associated Press reports that “Chief Justice John Roberts defends legitimacy of court.”

And Ariane de Vogue of CNN reports that “Roberts defends Supreme Court’s legitimacy and says last year has been ‘difficult in many respects.’“

Posted at 4:44 PM by Howard Bashman



Friday, September 9, 2022

“Justice Sotomayor, for now, stops lower court ruling for LGBTQ group; Yeshiva University, a religious school in New York, asked the justices to intervene after a state court said it must provide the group with access to certain facilities”: Robert Barnes of The Washington Post has this report on an order issued today.

Posted at 10:14 PM by Howard Bashman



“The Supreme Court Is More Unpopular Than Ever. That Could Help Democrats.” Amelia Thomson-DeVeaux and Zoha Qamar of FiveThirtyEight have this report.

Posted at 10:09 PM by Howard Bashman



“SC Senate lacks votes for a near-total abortion ban, sticks with 6-week law”: Seanna Adcox of The Post and Courier of Charleston, South Carolina has this report.

Posted at 10:05 PM by Howard Bashman



“After a Legal Fight, Oberlin Says It Will Pay $36.59 Million to a Local Bakery; Gibson’s Bakery said the liberal arts college had falsely accused it of racism after a Black student was caught shoplifting”: Anemona Hartocollis has this front page article in today’s edition of The New York Times.

Posted at 10:00 PM by Howard Bashman



Thursday, September 8, 2022

“Justice Gorsuch Said Findings of Probe Into Leaked Roe Draft Opinion Will Be Made in Report; The justice, speaking at a judicial conference, also criticized the cost and time it takes to enter the legal profession”: Jess Bravin of The Wall Street Journal has this report.

Posted at 10:02 PM by Howard Bashman



“DOJ to Appeal Judge’s Order Appointing Special Master in Trump Mar-a-Lago Probe; Prosecutors also ask judge to put on hold part of order blocking government from using seized materials in criminal investigation into alleged mishandling of classified documents”: Aruna Viswanatha and Jan Wolfe of The Wall Street Journal have this report.

And at the “Lawfare” blog, Quinta Jurecic, Natalie K. Orpett, and Benjamin Wittes have a post titled “Everything Wrong With Judge Cannon’s Ruling.”

Posted at 9:00 PM by Howard Bashman



“Christian baker in Oregon returns to Supreme Court over refusal to bake same-sex wedding cake”: Alex Swoyer of The Washington Times has this report.

And Jon Brown of Fox News reports that “Christian bakers petition Supreme Court again to overturn penalty for refusing to bake same-sex wedding cake; The case against ‘Sweet Cakes by Melissa’ in Oregon has been heard by the Supreme Court once before.”

You can access the petition for writ of certiorari at this link.

Posted at 8:42 PM by Howard Bashman



“Washington Supreme Court OKs virtual life term for teen”: Gene Johnson of The Associated Press has a report that begins, “One year after saying virtual life sentences are unconstitutional for teenage killers, the Washington Supreme Court changed course Thursday in a split ruling that drew irate dissents from four justices.”

You can access today’s 5-to-4 ruling of the Washington State Supreme Court at this link.

Posted at 8:24 PM by Howard Bashman