How Appealing



Tuesday, October 25, 2022

“The Supreme Court’s New Era of Limitless Gun Rights Is Going As Disastrously As You’d Expect; The opinion in Bruen has left more than a few lower court judges scratching their heads”: Lisa Needham has this post at Balls and Strikes.

Posted at 10:18 AM by Howard Bashman



Monday, October 24, 2022

“Alito Assured Ted Kennedy in 2005 of Respect for Roe v. Wade, Diary Says; In the senator’s recollection, the Supreme Court justice who wrote the opinion overturning the abortion ruling tried to show Mr. Kennedy that he was not a threat to Roe”: John A. Farrell of The New York Times has this report.

Posted at 2:51 PM by Howard Bashman



“What Does a Counselor to the Chief Justice Do? With the retirement of Jeffrey Minear, the little-known job of counselor to the chief justice comes to the fore.” Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”

Posted at 2:44 PM by Howard Bashman



“In highly political, richly funded contests for Illinois Supreme Court majority, pledges of impartiality stir skepticism”: John Keilman has this front page article in today’s edition of The Chicago Tribune.

Posted at 1:33 PM by Howard Bashman



“Mexican, Colombian Supreme Court Justices Discuss Path to Abortion Rights at Petrie-Flom Center Forum”: Asher J. Montgomery of The Harvard Crimson has this report.

Posted at 1:28 PM by Howard Bashman



“The Chief Justice Who Isn’t: How John Roberts lost control of the Supreme Court.” Matt Ford has this cover story in the November 2022 issue of The New Republic.

Posted at 1:16 PM by Howard Bashman



“A Prosecutor’s Change of Heart in a Capital Case at the Supreme Court; A district attorney in Texas, convinced that the evidence that sent Areli Escobar to death row was flawed, is supporting his request for a new trial”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:06 PM by Howard Bashman



“Judicial Notice (10.22.22): Not-So-Good Behavior; A SCOTUS advocate with style, an Ohio judge gone rogue, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Therein, Lat suggests that I don’t “love” Lisa S. Blatt‘s “colorful and colloquial” oral argument style. Allow me to respond with a quote from Justice Samuel A. Alito, Jr. — “Not true!

I once had the pleasure of arguing against Blatt (link to mp3 oral argument audio) at the Third Circuit, and my memories of that experience — from just over eight years ago — remain quite positive.

Posted at 10:36 AM by Howard Bashman



Sunday, October 23, 2022

“The Legal Fight Over Student-Loan Forgiveness; Biden wins in lower court, but the states have a strong case on appeal”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 11:35 PM by Howard Bashman



“A justice for some? After Roe overturned, state Supreme Court races turn political; Political groups are backing judicial candidates who they believe will reshape state courts in their favor; But one former justice warns: ‘You sleep with dogs, you’re going to get fleas.'” Erik Ortiz of NBC News has this report.

Posted at 10:16 PM by Howard Bashman



“The Pa. Supreme Court is taking on the issue of undated mail ballots just weeks before Election Day; The court fast-tracked the case Friday”: Jonathan Lai and Jeremy Roebuck of The Philadelphia Inquirer have this report.

Posted at 10:14 PM by Howard Bashman



“What the Constitution actually says about race, explained: There’s a glaring flaw in the Supreme Court lawsuits attacking affirmative action.” Ian Millhiser has this essay online at Vox.

Posted at 10:10 PM by Howard Bashman



“The Supreme Court has a chance to show people how to take a joke; Ohio police arrested a man for making fun of them with a straight face”: Columnist Jeff Jacoby has this essay online at The Boston Globe.

Posted at 10:08 PM by Howard Bashman



“Justice Elena Kagan talks ‘finding common ground’ within divided Supreme Court at Penn inauguration event”: Jared Mitovich of The Daily Pennsylvanian has this report.

Jessica Gresko of The Associated Press has a report headlined “Justice Kagan: ‘Time will tell’ if court finds common ground.”

Nate Raymond of Reuters reports that “U.S. Supreme Court’s Kagan says justices must find ‘common ground’ again.”

Kimberly Strawbridge Robinson of Bloomberg Law reports that “Kagan Seeks Compromise as High Court Tackles Contentious Issues.”

And Kelsey Reichmann of Courthouse News Service has a report headlined “Justice Kagan has a message for judges: humble yourselves; The liberal justice warned against the harms of forgetting precedent while looking for a path forward with her conservative colleagues.”

The University of Pennsylvania has posted on YouTube a video of the event titled “Penn Presidential Inauguration Academic Symposium.”

Posted at 9:48 PM by Howard Bashman



“Blunder in Affirmative Action Case May Cost Harvard $15 Million; A missed insurance notice opened a window onto the cost of litigating challenges to race-conscious admissions programs to be heard this month by the Supreme Court”: Adam Liptak has this article in today’s edition of The New York Times.

Posted at 9:34 PM by Howard Bashman



Saturday, October 22, 2022

“Biden’s Student-Loan Forgiveness Program Temporarily Halted by Appeals Court; Millions of borrowers have applied for the program, which would grant up to $20,000 in loan forgiveness for eligible applicants”: Andrew Restuccia and Jacob Gershman of The Wall Street Journal have this report.

You can view yesterday’s order of the U.S. Court of Appeals for the Eighth Circuit at this link.

Posted at 1:20 PM by Howard Bashman



Friday, October 21, 2022

“The Fifth Circuit Just Defunded the (Consumer Protection) Police; It’s good news for financial predators as a trio of Trump-appointed judges tees up a chance for the Supreme Court to take the CFPB’s cops off the beat”: Matt Ford has this essay online at The New Republic.

Posted at 2:44 PM by Howard Bashman



“Judge Ho’s Yale boycott is the best idea yet for pushing back on illiberal law schools”: Ilya Shapiro has this essay online at the Washington Examiner.

Posted at 1:44 PM by Howard Bashman



“Linda Greenhouse — What’s Happened to the Supreme Court: Reflections on 45 Years of Court Watching.” The Indiana University Maurer School of Law has posted this video on YouTube.

Posted at 1:12 PM by Howard Bashman



“How Iowa Supreme Court’s McDermott, Oxley have decided big cases”: Laura Belin has this post at her “Bleeding Heartland” blog.

Posted at 1:06 PM by Howard Bashman



“A U.S. Supreme Court justice, a couple of rock stars, and a bunch of academic dignitaries will cap Penn president inauguration; Dating back centuries, inaugurations brim with pomp and circumstance; Penn’s is one of five at local colleges this month”: Susan Snyder of The Philadelphia Inquirer has this report.

Posted at 1:03 PM by Howard Bashman



Thursday, October 20, 2022

“Jabari Wamble — Nominee to the U.S. Court of Appeals for the Tenth Circuit”: Harsh Voruganti has this post at his “The Vetting Room” blog.

Posted at 10:16 PM by Howard Bashman



“CFPB Funding Is Ruled Unconstitutional; The Fifth Circuit says Senator Warren’s scheme violates the separation of powers”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 9:32 PM by Howard Bashman



“Georgia Says A Fetus Is A Person. The Implications Are Terrifying. There’s a uniquely dangerous provision in Georgia’s abortion ban that paves the way for criminalizing pregnant people.” Alanna Vagianos of HuffPost has this report.

Posted at 3:58 PM by Howard Bashman



“Activists push for disclosure of clients and income of judges’ spouses; In a letter to Congress, four groups cite POLITICO report on loopholes in current ethics rules”: Hailey Fuchs of Politico has this report.

Posted at 3:54 PM by Howard Bashman



“Is Yale Law School Turning Over A New Leaf? Judges James Ho and Lisa Branch are heading to YLS — at the invitation of Dean Heather Gerken!” David Lat has this post at his “Original Jurisdiction” Substack site.

Update: David’s post contains a link to the full text of a letter that Judges Ho and Branch sent to Dean Gerken, along with this link to Judge Ho’s forthcoming Texas Review of Law & Politics essay based on the speech he delivered at the Sixth Annual Kentucky Chapters Conference of the Federalist Society in which he proclaimed his intent to boycott law clerks from YLS.

Posted at 3:36 PM by Howard Bashman



“AI Inventorship Ruling Inches Closer to Supreme Court Appeal”: Kelcee Griffis and Samantha Handler of Bloomberg Law have a report that begins, “The nation’s top patent court declined to reexamine inventor Stephen Thaler’s claims that artificial intelligence systems should be recognized as inventors in their own right, clearing the way for his planned Supreme Court appeal.”

Posted at 1:48 PM by Howard Bashman