How Appealing



Friday, January 27, 2023

“Sen. Kennedy stumps Biden judicial nominee with basic questions about Constitution; The president nominated Judge Charnelle Bjelkengren to be a U.S. district judge for the Eastern District of Washington”: Summer Concepcion and Frank Thorp V of NBC News have this report.

Posted at 12:16 PM by Howard Bashman



“Supreme Court: Our Computer Systems Date to the Bronze Age.” You can access the most recent edition of Jay Willis’s weekly Balls & Strikes email newsletter via this link.

Posted at 12:14 PM by Howard Bashman



“Supreme Court did not disclose financial relationship with expert brought in to review leak probe”: Joan Biskupic of CNN has this report.

Posted at 12:09 PM by Howard Bashman



“Why Does Justice Kavanaugh Write Concurrences? And if only we could gaze upon his book of never-published opinions.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 11:50 AM by Howard Bashman



You can register now to attend the 2023 Corbin Appellate Symposium taking place at the UA Little Rock William H. Bowen School of Law on March 30-31, 2023: You can register via this link to attend the 2023 installment of Arkansas’ premier appellate CLE event. You can also access online a list of the speakers and the symposium’s schedule.

This marks the post-Covid return of the Corbin Symposium, and I am honored to once again be among the speakers at this event, just as I was (along with Eighth Circuit Chief Judge Lavenski R. Smith, who is also making a return appearance) at the last pre-Covid Corbin Symposium in 2019. I look forward to seeing in person those readers of this blog who are able to attend.

Posted at 11:40 AM by Howard Bashman



Thursday, January 26, 2023

“As capital gains tax goes to WA Supreme Court, a push to ‘microtarget’ justices”: David Gutman of The Seattle Times has this report.

Posted at 10:07 PM by Howard Bashman



“The ‘Special Treatment’ Supreme Court Justices Got During The Leak Investigation Should Be Investigated, A Group Told Congress; The justices didn’t have to sign affidavits denying the leak, but their staff did; Congress is being urged to investigate why”: David Mack of BuzzFeed News has this report.

And in commentary, online at The Baltimore Sun, Jeffrey Boutwell has an essay titled “When the chief justice himself was the Supreme Court leak.”

Posted at 10:05 PM by Howard Bashman



“After SC Supreme Court ruling, new attempt to ban nearly all abortions advances in Legislature”: Seanna Adcox of The Post and Courier of Charleston, South Carolina has this report.

Posted at 9:56 PM by Howard Bashman



“Kavanaugh touts ‘great relations’ among justices on divided Supreme Court; Justice Brett Kavanaugh, a conservative, praised his liberal colleagues during remarks at Notre Dame Law School”: Lawrence Hurley of Reuters has this report.

Ariane de Vogue and Devan Cole of CNN report that “Kavanaugh says he’s ‘optimistic’ about the Supreme Court and trashes US News law school rankings.”

And Denise Wager of Notre Dame Law School reports that “ND Law Review symposium features Q&A with Supreme Court Justice Brett Kavanaugh.”

Notre Dame Law School has posted on YouTube a video titled “Supreme Court Justice Brett Kavanaugh: 2023 Notre Dame Law Review Federal Courts Symposium.”

Posted at 9:00 PM by Howard Bashman



“Proposed Third Circuit Filing Deadline Draws Litigator Dissents”: Lydia Wheeler of Bloomberg Law has this new installment of her “Opening Argument” column in which I and several of my Third Circuit-based appellate colleagues are quoted.

Posted at 4:02 PM by Howard Bashman



“Interview: Josh Gerstein.” Elise Spenner has this post at the “High School SCOTUS” blog. And, yes, Spenner did ask him about the Dobbs opinion leak.

Posted at 3:32 PM by Howard Bashman



“Amy Wax files grievance against Penn Carey Law dean in opposition to disciplinary proceedings”: Jared Mitovich of The Daily Pennsylvanian has this report.

Max Annunziata and Nicole Muravsky of The Daily Pennsylvanian have an article headlined “Meet the eight faculty members deciding Amy Wax’s future at Penn.”

Sara Forastieri of The Daily Pennsylvanian has an article headlined “Sanctions, grievances, and hearings: Why Amy Wax cannot be fired easily.”

Last month, Mitovich had an article headlined “Amy Wax’s classes see sharp decline in enrollment as Penn’s investigation nears second year.”

And in commentary, online at The Daily Pennsylvanian, Sam Zou and Andrew Lou have an essay titled “Tenureship is indulging the Amy Waxes of the World; Academia is rewarding knowledge commodification, not contribution.”

Approximately two months ago, Alex Kaschuta interviewed Amy Wax in a YouTube video titled “Truth At Any Cost.”

Posted at 3:28 PM by Howard Bashman



“A Controversial Speaker Returned To Yale Law — You Won’t Believe What Happened Next; Kristen Waggoner of the conservative Alliance Defending Freedom spoke at YLS on Tuesday; how was she received?” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 2:34 PM by Howard Bashman



“Lawsuits filed over U.S. state restrictions on abortion pills”: Jonathan Stempel and Brendan Pierson of Reuters have this report.

Posted at 1:25 PM by Howard Bashman



“Charlie Adelson’s attorneys want Magbanua’s statements private until trial”: Karl Etters of The Tallahassee Democrat recently had this report.

Posted at 1:10 PM by Howard Bashman



“Supreme Failures from the Court; Conservative legal minds rank the worst twenty Supreme Court decisions of all time”: Matthew J. Franck and Mark David Hall have this post at the “Law & Liberty” blog.

Posted at 8:45 AM by Howard Bashman



“Bipartisan Supreme Court Reform Is Not a Pipe Dream; By backing the implementation of ethics reforms already practiced in the lower courts instead of more radical solutions, liberals can make a case with which conservatives might agree”: Simon Lazarus has this essay online at The New Republic.

Posted at 8:42 AM by Howard Bashman



Wednesday, January 25, 2023

“The Ninth Circuit Upholds a Wealth Tax; The Supreme Court should review the ruling, which ignores constitutional limits on the taxing power”: Christopher Cox and Hank Adler will have this op-ed in Thursday’s edition of The Wall Street Journal.

A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued the decision in June 2022. And in November 2022, the court issued an order denying rehearing en banc form which four judges dissented.

Posted at 9:47 PM by Howard Bashman



“South Carolina revisits shield law as Supreme Court debates firing squad, electrocution”: Kathryn Casteel of The Greenville News has this report.

Posted at 8:42 PM by Howard Bashman



“Trump’s worst judge is now a dangerous threat to press freedom; An unhinged case brought by anti-vaxxers will be heard by one of the biggest reactionaries in the federal judiciary”: Ian Millhiser has this essay online at Vox.

Posted at 1:54 PM by Howard Bashman



“Covering History in the Making; U.S. Supreme Court reporter Marcia Coyle looks back at her 35 years of coverage here at The National Law Journal”: Marcia Coyle has this report.

Posted at 1:44 PM by Howard Bashman



“Americans Like the Supreme Court More — But Still Not That Much; Support reaches 47%, still well below September 2020 level; Poll sees support for ruling barring race-conscious admissions”: Greg Stohr of Bloomberg News has this report.

Posted at 1:34 PM by Howard Bashman



“Biden Leery of Involvement in Potential Plea Deal in Sept. 11 Case; A proposal to end a decade-long attempt to seek the death penalty before a military tribunal carries political risks, but the Trump administration also decided the system failed”: Charlie Savage and Carol Rosenberg of The New York Times have this report.

Posted at 1:08 PM by Howard Bashman



“California enacts new abortion laws, expecting copycats; New policies taking effect aim to make California an abortion haven”: Alice Miranda Ollstein of Politico has this report.

Posted at 1:05 PM by Howard Bashman



“The Supreme Court is concerned about its own security — what about ours?” Michael J. Dell has this essay online at The Hill.

Posted at 9:14 AM by Howard Bashman



“Colleges are bracing for a court decision on affirmative action. Here’s what Princeton’s president is doing to prepare. ‘We are going to continue to pursue within the limit of the law the diversity that is essential to the mission of this university,’ said Princeton President Christopher L. Eisgruber.” Susan Snyder of The Philadelphia Inquirer has this report.

Posted at 9:10 AM by Howard Bashman