How Appealing



Friday, November 18, 2022

“A Pivotal Pick for the Ohio Supreme Court; Ohio Governor Mike DeWine’s appointment to the Supreme Court will determine the orientation of the Ohio Supreme Court”: Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 12:04 PM by Howard Bashman



“Alabama calls off another execution, fails to set Kenneth Smith’s IV before death warrant expires”: Evan Mealins of The Montgomery Advertiser has this report. According to the article, “Unlike other states where witnesses observe the death penalty procedures from the moment an inmate is brought into the death chamber, Alabama does not admit witnesses into the viewing area until IVs are placed.” Thus, media witnesses were not present to observe.

And Kent Faulk and Ivana Hrynkiw of AL.com report that “Alabama calls off lethal injection of man for 1988 murder-for-hire, citing issues finding a vein.”

Posted at 11:53 AM by Howard Bashman



Thursday, November 17, 2022

“Execution Stayed for Man Whose Jury Voted 11-1 to Spare Him; Kevin Eugene Smith had been set to be put to death in Alabama on Thursday evening, but a federal appeals court granted a last-minute stay”: Nicholas Bogel-Burroughs of The New York Times has this report.

Posted at 9:28 PM by Howard Bashman



“Trump Abandoned Key Claim in Mar-a-Lago Records Fight, DOJ Says; Federal appeals court is set to hear arguments on Nov. 22; Proceedings should come to an end, Justice Department says”: Zoe Tillman of Bloomberg News has this report.

Posted at 9:14 PM by Howard Bashman



“U.S. judge blocks Florida law curbing professor speech”: Mike Scarcella of Reuters has this report.

And Ronn Blitzer of Fox News reports that “Federal judge blocks Florida law against ‘woke’ teachings in colleges, calls it ‘positively dystopian’; Judge Mark Walker took shots at both sides for their arguments, but ultimately sided with professors and students.”

You can access today’s 139-page ruling of the U.S. District Court for the Northern District of Florida at this link.

Posted at 3:54 PM by Howard Bashman



“Third Circuit panel upholds constitutionality §922(g)(1)’s felon-in-possession gun prohibition after Bruen“: Douglas A. Berman has this post at his “Sentencing Law and Policy” about a published, 50-page, per curiam opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.

The all-female three-judge panel consisted of Circuit Judges Patty Shwartz and Cheryl Ann Krause and Senior Circuit Judge Jane R. Roth. (The district judge whose ruling the Third Circuit affirmed is also female.) A footnote at the opinion’s outset states, “We issue this precedential opinion per curiam to reflect both its unanimity and the highly collaborative nature of its preparation.”

The three-judge Third Circuit panel consisted of judges appointed by Presidents from both major political parties, and the panel also consisted of a judge from each of the three states within the Third Circuit.

The opinion’s conclusion describes the basis for the defendant’s Pennsylvania law felony offense as follows: “illicitly taking welfare money through fraudulent misrepresentation of his income.”

Although I do not expect the Third Circuit to rehear this matter en banc, if the defendant were to seek rehearing, I would not be surprised if one or more judges dissented from its denial. Moreover, this issue is likely to someday soon be the subject of a circuit split requiring U.S. Supreme Court resolution.

Posted at 10:30 AM by Howard Bashman



Wednesday, November 16, 2022

“Why a Georgia Judge Roasted Alito’s Decision Overturning Roe v. Wade; Behind the scorching rhetoric lay an important point about precedent and accountability”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 7:52 PM by Howard Bashman



“Dan Markel murder: Katherine Magbanua turns state witness as Charlie Adelson nears trial.” Karl Etters of The Tallahassee Democrat has this report.

Posted at 7:44 PM by Howard Bashman



“Sotomayor Warns Reversals May Undermine Faith in Legal System; Liberal justice alludes to ruling overturning abortion rights; She had questioned if Supreme Court would survive ‘stench'”: Greg Stohr of Bloomberg News has this report.

Posted at 9:52 AM by Howard Bashman



Tuesday, November 15, 2022

“Trying to Get a Court to Apply Rule 3(c): A catalogue of failed efforts to get the Tenth Circuit to apply the recent amendments to Federal Rule of Appellate Procedure 3(c).” Bryan Lammon has this post at his “final decisions” blog.

Posted at 10:09 PM by Howard Bashman



“Some thoughts on elite-law-school bias in clerkship hiring: Does the bias exist? Is it a good thing? What does it mean for law students at lower-ranked schools? What does mean about me?” Sasha Volokh has this post at “The Volokh Conspiracy.”

Posted at 5:28 PM by Howard Bashman



“Georgia Judge Suspends State’s Abortion Ban; A county judge blocked Georgia’s ban on abortion early in pregnancy, meaning that abortions after six weeks are once again legal in the state”: Ava Sasani of The New York Times has this report.

If only the idea of striking down statutes that were unconstitutional when enacted had previously occurred to someone.

Posted at 5:07 PM by Howard Bashman



“Fulton County judge stops enforcement of Georgia’s abortion ban”: Maya T. Prabhu of The Atlanta Journal-Constitution has this report (subscription may be required for full access) on a ruling that the Superior Court of Fulton County, Georgia issued today.

Posted at 1:58 PM by Howard Bashman



“Biden’s Student Loan Cancellation Loses Again; An appellate court orders an injunction halting his unilateral order”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 1:22 PM by Howard Bashman



“Israel’s Right-Wing Lawmakers Aim to Remake Supreme Court; Benjamin Netanyahu’s allies are pushing for reforms that would allow the next government to pass laws previously struck down by judges”: Dov Lieber and Aaron Boxerman of The Wall Street Journal have this report.

Posted at 9:57 AM by Howard Bashman



“Kentucky Supreme Court set to weigh statewide abortion bans”: Bruce Schreiner and Dylan Lovan of The Associated Press have this report.

Posted at 9:48 AM by Howard Bashman



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