How Appealing



Wednesday, February 8, 2023

“New Pa. Supreme Court opinion opens the door for a patchwork of county policies on wrongly dated ballots; A new set of opinions helped explain the court’s earlier ruling; They also created a new opening for policies on dating ballots”: Jonathan Lai and Jeremy Roebuck of The Philadelphia Inquirer have this report.

Today’s opinions follow on the heels of a per curiam order that the Supreme Court of Pennsylvania issued on November 1, 2022.

Today’s opinions consist of a majority opinion in part, a concurring opinion, and two concurring and dissenting opinions (here and here).

Justice P. Kevin Brobson‘s concurring and dissenting opinion cites to a recent appellate column of mine in footnote six on page 4.

Posted at 9:36 PM by Howard Bashman



“Is the Supreme Court Out of Step with Public Opinion? No — it is more accurate to say that the Court is at odds with the progressive doctrines of those who make this claim.” James Piereson has this essay online at City Journal.

Posted at 9:08 PM by Howard Bashman



“Supreme Court justices face new pressure to adopt code of conduct; Justices are under increasing scrutiny for alleged ethical lapses but have repeatedly refused to adopt the same code followed by lower court judges”: Lawrence Hurley of NBC News has this report.

Posted at 9:06 PM by Howard Bashman



“SC Supreme Court, on heels of abortion ruling, now all male for the 1st time in 35 years”: Javon L. Harris and Joseph Bustos of The State of Columbia, South Carolina have this report.

Posted at 9:03 PM by Howard Bashman



“SC Supreme Court turns down request for rehearing state’s 6-week abortion ban”: Joseph Bustos of The State of Columbia, South Carolina has this report.

Posted at 8:48 PM by Howard Bashman



“Cert Grant on Preserving Issues via Denied Summary-Judgment Motions; The Supreme Court will finally decide whether a denied summary-judgment motion preserves purely legal issues for appeal”: Bryan Lammon has this post at his “final decisions” blog, along with a post titled “New Cert Petition on Reviewing Hardship Determinations in Immigration Appeals; The courts of appeals have split over whether they can review hardship determinations in immigration appeals; A new cert petition would let the Supreme Court weigh in.”

Posted at 2:40 PM by Howard Bashman



“From Lawyer To Judge And Back Again: An Interview With Gary Feinerman; Why did Judge Feinerman leave the bench, and what are his plans at Latham & Watkins?” You can access the new episode of David Lat’s “Original Jurisdiction” podcast via this link.

Posted at 2:32 PM by Howard Bashman



“Professor Xiao Wang in the Minnesota Law Review Refutes A Position I Do Not Hold; When you say someone is wrong, quote them, to ensure you are properly attributing their view”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:22 PM by Howard Bashman