How Appealing



Thursday, February 23, 2023

“Republican Attorneys General Are Telling the Supreme Court What It Wants to Hear; The justices will soon decide whether the Biden administration is allowed to govern, or whether only Republican presidents get to do that”: Yvette Borja has this post at Balls and Strikes.

Posted at 10:00 PM by Howard Bashman



“U.S. Supreme Court’s ‘major questions’ test may doom Biden student debt plan”: John Kruzel of Reuters has this report.

Posted at 9:55 PM by Howard Bashman



“DeSantis wants to roll back press freedoms — with an eye toward overturning Supreme Court ruling; Florida Republicans are seeking to weaken laws protecting journalists”: Matt Dixon of Politico has this report.

Posted at 9:52 PM by Howard Bashman



“Trump 2020 Lawyer John Eastman Fights California Ethics Case; State bar regulators want Eastman to lose license to practice; Eastman contends the ethics case is politically motivated”: Zoe Tillman of Bloomberg News has this report.

And in related news, Tillman reports that “Trump 2020 Fraud Backer Sidney Powell’s Texas Ethics Case Tossed; Judge finds state bar regulators failed to support claims; Powell unsuccessfully challenged election results in states.”

Posted at 9:46 PM by Howard Bashman



“This obscure Senate tradition may decide whether Biden beats Trump’s record on judges; Democrats have opened the door slightly to curtailing the ‘blue slip’ courtesy, warning Republicans not to abuse it to block district judges who oversee their home states”: Sahil Kapur of NBC News has this report.

Posted at 9:37 PM by Howard Bashman



“Rep. Scott Perry fights to keep phone from team probing Jan. 6 attack”: Rachel Weiner of The Washington Post has this report.

Zoe Tillman of Bloomberg News reports that “Trump Ally Scott Perry Argues to Keep DOJ Out of His Phone; DC Circuit panel heard arguments in partially sealed case; Pennsylvania lawmaker claiming constitutional protection.”

Tierney Sneed and Katelyn Polantz of CNN report that “Appeals court questions access that prosecutors can have to a GOP lawmaker’s phone seized in 2020 election investigation.”

And Josh Gerstein of Politico reports that “Appeals court weighs Rep. Perry’s immunity from Jan. 6 probe; Two of the three D.C. Circuit judges hearing the case appeared highly skeptical of the Justice Department’s narrow view of the Constitution’s ‘speech or debate’ protection for lawmakers.”

The D.C. Circuit has posted online at this link the audio of the public portion of today’s oral argument.

Posted at 9:03 PM by Howard Bashman



“Bringing Family Law Expertise To SCOTX | Justice Debra Lehrmann”: You can access today’s new episode of the “Texas Appellate Law Podcast” via this link.

Posted at 1:46 PM by Howard Bashman



“All Georgia Democrats’ Angry Arguments Against A Clarence Thomas Statue Fall Apart”: Mark Paoletta has this post at The Federalist.

Posted at 1:40 PM by Howard Bashman



“Why Orrin Hatch Was Eager to Help Bill Clinton; The electoral appeal of the deference model”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:09 PM by Howard Bashman



“Has Justice Barrett Replaced Justice Ginsburg as the Court’s Quickest Opinion Writer? Justice Barrett has produced two majority opinions before most of her colleagues have produced one.” Jonathan H. Adler has this post at “The Volokh Conspiracy.” Of course, the author of an opinion at the U.S. Supreme Court does not have unilateral control over when the opinion issues.

Posted at 10:56 AM by Howard Bashman