How Appealing



Thursday, October 13, 2022

“Practicing Before the U.S. Supreme Court | Kannon Shanmugam”: You can access the audio and the transcript of the newest episode of the Texas Appellate Law Podcast via this link. Once I started reading the transcript, it was difficult to stop.

Posted at 9:44 PM by Howard Bashman



“Doctors Struggle With Navigating Abortion Bans in Medical Emergencies; Healthcare providers are concerned they could face charges for providing emergency abortions in some states”: Laura Kusisto of The Wall Street Journal has this report.

Posted at 9:15 PM by Howard Bashman



“In a Tense Supreme Court Hearing, Warhol Foundation Lawyers Fight Conservative Justices on the Meaning of Fair Use”: Greg Allen of ARTnews has this report.

Posted at 8:47 PM by Howard Bashman



“New Jersey poised to enact ‘nation’s strongest’ gun law after Supreme Court ruling; The bill would, among other things, require people wanting to carry guns in public to purchase liability insurance”: Daniel Han of Politico has this report.

Posted at 8:27 PM by Howard Bashman



“Depleted N.J. Supreme Court poised to finally add 2 justices after political logjam cleared”: Suzette Parmley of The Newark Star-Ledger has this report.

Joey Fox of New Jersey Globe reports that “Fasciale, Wainer Apter approved by committee for spots on N.J. Supreme Court; Fasciale forwarded to full Senate unanimously; Wainer Apter doesn’t win over most Republicans.”

And Dana DiFilippo of New Jersey Monitor reports that “Senate panel clears long-blocked N.J. Supreme Court nomination.”

Posted at 8:25 PM by Howard Bashman



“Weeks into the job, Justice Ketanji Brown Jackson is already having a moment on the Supreme Court; One close observer of the Supreme Court described Justice Jackson’s approach to oral argument in one of her first high-profile cases as ‘stunning'”: John Fritze of USA Today has this report.

Posted at 8:20 PM by Howard Bashman



“Supreme Court Rejects Trump Request to Intervene in Documents Case; Without any noted dissents, the court issued a one-sentence statement that amounted to a rebuke to the former president”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued this afternoon.

Posted at 8:14 PM by Howard Bashman



“3M’s Aearo scores quick appeal of bankruptcy court’s ruling on earplug MDL”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 8:10 PM by Howard Bashman



“Supreme Court dives into pop culture with Warhol, Prince and Norman Lear”: Nina Totenberg of NPR has this report.

Therein, Totenberg writes:

Blatt was so enthusiastic in her examples that she at one point said that Norman Lear “would be turning over in his grave right now,” given that he had more spinoffs than any other television creator. Never mind that Lear is alive and well and just celebrated his 100th birthday.

Or as I tweeted yesterday morning immediately upon hearing that remark over the livestream of the oral argument:

Lisa Blatt’s argument moments ago that Norman Lear would be “turning over in his grave right now” might be more persuasive if Mr. Lear were no longer living.

You can access the relevant oral argument transcript page at this link. (Practice pointer: Advocates should kill their darlings during the brief-writing process, not at oral argument.)

And in commentary, online at The New Republic, Matt Ford has an essay titled “The Supreme Court Takes a Break From Decimating Judicial Precedent to Contemplate the Meaning of Art; Andy Warhol’s latest 15 minutes of fame came during oral arguments in a case that may determine the future of ‘fair use’ transformations.”

Posted at 10:20 AM by Howard Bashman



“Court Gives New York State More Time to Argue for Its Gun Law; Attorney General Letitia James had asked that the measure remain in place while she appeals a judge’s order striking down many of its provisions”: Jonah E. Bromwich has this article in today’s edition of The New York Times.

Douglass Dowty of The Post-Standard of Syracuse, New York reports that “NY’s gun law remains in effect as battle ensues over Syracuse judge’s decision to strike it down.”

And Max Jaeger of Politico reports that “Appeals court says New York can enforce controversial new gun laws — for now; The 2nd Circuit has intervened in the state’s legal drama after pleas from Attorney General Tish James and Gov. Kathy Hochul.”

New York State’s Attorney General’s Office has issued this statement about an interim stay order that a single Second Circuit judge issued yesterday.

Posted at 10:14 AM by Howard Bashman



“Leonard Leo Pushed the Courts Right. Now He’s Aiming at American Society. After leading efforts to put conservatives on the bench, the activist has quietly built a sprawling network and raised huge sums of money to challenge liberal values.” Kenneth P. Vogel has this front page article in today’s edition of The New York Times.

Posted at 10:02 AM by Howard Bashman