How Appealing



Friday, March 24, 2023

“City of Tulsa argues it has the ability to prosecute Native people under pre-statehood law; A pre-statehood law, known as the Curtis Act, was used to force allotment; It’s now being used as the latest way to challenge the landmark McGirt v. Oklahoma decision”: Allison Herrera of KOSU Radio in Stillwater, Oklahoma has this report.

You can access the audio of yesterday’s Tenth Circuit oral argument of this appeal via this link. And the “Turtle Talk” blog provides access to the appellate briefs via this link.

Posted at 9:52 PM by Howard Bashman



“Supreme Court should protect third parties from IRS fishing expeditions”: Quin Hillyer has this essay online at Washington Examiner.

Posted at 5:27 PM by Howard Bashman



“Appealing § 1447(e) Remands, Genuine & Otherwise; The Second Circuit tackled a series of issues concerning remand appeals, including whether § 1447(d)’s bar on appeals applies to § 1447(e) remands and whether an appellate court can inquire into the true grounds for a remand”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 5:26 PM by Howard Bashman



“Court Action Underscores Peril for Trump in Documents Investigation; Federal prosecutors continue to build a case that the former president obstructed efforts by the government to reclaim classified material and that he may have misled his own lawyer”: Maggie Haberman, Alan Feuer, Ben Protess, and William K. Rashbaum have this article in today’s edition of The New York Times.

Posted at 2:11 PM by Howard Bashman



“D.C. Circuit Hears Oral Argument in Bahlul v. United States”: Robert Loeb has this post at the “Lawfare” blog.

Posted at 2:07 PM by Howard Bashman



“What Anti-Abortion Advocates Really Think of Women’s Lives: In a new case, Oklahoma’s dissenting judges made a chilling declaration of their true beliefs.” Christina Cauterucci has this jurisprudence essay online at Slate.

Posted at 2:04 PM by Howard Bashman



“Judge Kyle Duncan: ‘Free Speech and Legal Education in Our Liberal Democracy.'” Notre Dame’s Center for Citizenship & Constitutional Government has posted the video on YouTube at this link.

Posted at 1:56 PM by Howard Bashman



“Dean Jenny Martinez Speaks Out About The Protest Of Judge Duncan At Stanford Law; Other deans can learn from her clear, convincing, and courageous statement”: David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 11:55 AM by Howard Bashman