How Appealing



Monday, November 14, 2022

“What does history tell us about how the Idaho Supreme Court might rule on abortion? Idaho banned abortion before even becoming a state — but only found six people guilty in more than a century.” Kelcie Moseley-Morris of Idaho Capital Sun has this report.

Posted at 9:08 PM by Howard Bashman



“The Only Way Senate Democrats Can Salvage the Courts Now; Three revolting rulings show why the party must supercharge judicial confirmations”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:06 PM by Howard Bashman



“Anti-Gerrymandering Tool Developed by Harvard Researchers Used in Supreme Court Proceedings”: Michelle N. Amponsah, Jo B. Lemann, and Jeffrey Q. Yang of The Harvard Crimson have this report.

Posted at 9:04 PM by Howard Bashman



“What in the World Happened to the Supreme Court? The conservative movement’s decades-long pursuit of the judiciary is now paying off.” Linda Greenhouse has this essay online at The Atlantic.

Posted at 7:40 PM by Howard Bashman



“Trump filing in suit against Twitter compares former president to Galileo; ‘Most people once believed these to be crackpot ideas; many still do. But crackpot ideas sometimes turn out to be true,’ Trump’s lawyers argued to a federal appeals court”: Kelly Garrity and Josh Gerstein of Politico have this report.

As the article notes, former Ninth Circuit Judge Alex Kozinski, who “stepped down from the bench in 2017 amid investigations of alleged sexual misconduct,” is shown on the brief as co-counsel for the appellants.

Posted at 5:12 PM by Howard Bashman



“The Insular Cases Survive Because the American Legal System Keeps Them Safe; The justices’ decision not to hear challenges to the explicitly racist Insular Cases is part of a long tradition of favoring process over substance”: Peter Shamshiri has this post at Balls and Strikes.

Posted at 5:00 PM by Howard Bashman



“Appeals Court Blocks Biden’s Student-Loan Forgiveness Program; Ruling adds a second major roadblock to White House efforts to cancel student debt for millions of borrowers”: Gabriel T. Rubin and Jacob Gershman of The Wall Street Journal have this report.

And Annie Nova and Dan Mangan of CNBC report that “Federal appeals court blocks Biden student debt relief program nationwide.”

You can access today’s per curiam decision of the U.S. Court of Appeals for the Eighth Circuit granting an emergency motion for injunction pending appeal at this link.

Posted at 4:55 PM by Howard Bashman



“Don’t Cancel Amy Coney Barrett’s Book; Penguin Random House is right to stand up for the Supreme Court justice, even if its employees find her views wrongheaded”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 4:48 PM by Howard Bashman



“1: The Rule of Four — The debut issue offers an in-depth introduction to the ‘writ of certiorari,’ and how it fundamentally transformed the role of the Supreme Court in our constitutional system.” Steve Vladeck has this post at his new Substack site, “One First.”

Posted at 4:34 PM by Howard Bashman



“Judicial Notice (11.12.22): What Is A ‘Layoff’? Alex Spiro’s growing role at Twitter, the epic implosion of FTX, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 3:20 PM by Howard Bashman



“Trump wanted to eliminate San Francisco-based Ninth Circuit court, book says”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 2:56 PM by Howard Bashman