How Appealing



Monday, March 27, 2023

Programming note: I will be arguing an appeal tomorrow morning on behalf of the plaintiff-appellee in this case before a three-judge Pa. Superior Court panel sitting in Pittsburgh. As a result, additional posts may not appear here until Tuesday evening.

Posted at 9:22 PM by Howard Bashman



“Israel’s Netanyahu Suspends Judicial Overhaul After Mass Protests; Opposition leaders say they are ready to negotiate, as labor union calls off nationwide strike”: Dov Lieber, Aaron Boxerman, and Shayndi Raice of The Wall Street Journal have this report.

And Patrick Kingsley, Isabel Kershner, and Eric Nagourney of The New York Times report that “Netanyahu Delays Bid to Overhaul Israel’s Judiciary as Protests Rage; The Israeli prime minister called for dialogue as civil unrest and work stoppages reached a crisis point, grinding the country to a halt.”

Posted at 9:07 PM by Howard Bashman



“Supreme Court won’t review contempt conviction of anti-Chevron environmental lawyer”: Ariane de Vogue of CNN has this report.

Posted at 8:42 PM by Howard Bashman



“U.S. Supreme Court mulls Amgen bid to revive cholesterol drug patents”: John Kruzel and Andrew Chung of Reuters have this report.

Posted at 8:33 PM by Howard Bashman



“Supreme Court asked to rule on state law that prohibits therapists from counseling against gender transition; The 9th Circuit upheld the law, which is aimed at banning ‘conversion therapy'”: Brianna Herlihy of Fox News has this report.

You can access the petition for writ of certiorari at this link.

Posted at 8:30 PM by Howard Bashman



“Michigan Supreme Court Proposal Would Impose ‘Preferred Pronouns’ in System of Justice”: Andrea M. Picciotti-Bayer has this essay online at National Catholic Register about a proposed rule change that Michigan’s highest court has under consideration.

As you might imagine, the rule change proposal has already received numerous public comments, which can be accessed via this link (scroll down) — including a comment from 12 Michigan Court of Appeals Judges.

Posted at 8:24 PM by Howard Bashman



“Iowa Poll: Over 60% support legal abortion as state Supreme Court considers restrictions.” Katie Akin of The Des Moines Register has this report.

Posted at 8:14 PM by Howard Bashman



“Kansas Supreme Court skeptical of state bids to restrict abortion; Kansas lawmakers passed a law prohibiting dilation and extraction abortions, and another that slammed abortion clinics with more regulations than other health care providers”: Andrew J. Nelson of Courthouse News Service has this report.

Posted at 8:11 PM by Howard Bashman



“Abortion Wins Elections: The fight to make reproductive rights the centerpiece of the Democratic Party’s 2024 agenda.” Rebecca Traister has this cover story in the March 27, 2023 issue of New York magazine.

Posted at 7:18 PM by Howard Bashman



“‘Racist taint.’ Will the Supreme Court review a Jim Crow-era voting ban targeted at Black Mississippians?” John Fritze of USA Today has this report.

Posted at 6:48 PM by Howard Bashman



“Will Havens Realty Be ‘Abandoned’ Like The Lemon Test? Another Burger Court precedent is on the chopping block.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 2:58 PM by Howard Bashman



“How State Supreme Courts Can Make Up For the Federal Judiciary’s Failures; State supreme courts have a long history of protecting civil rights that reactionary federal judges are happy to ignore”: Kent Hull has this post at Balls and Strikes.

Posted at 1:42 PM by Howard Bashman



“The Difference Between a Bad Joke and Not a Joke”: At his “Dorf on Law” blog, Michael C. Dorf has a post that begins, “Last week’s oral argument in Jack Daniel’s Properties, Inc. v. VIP Prods., LLC was difficult to handicap.”

Posted at 1:40 PM by Howard Bashman



“Disability rights activist faces Supreme Court showdown over hotel accessibility lawsuits; The justices will decide whether accessibility ‘testers’ can sue over a lack of information on hotel websites when they have no intention of staying at the hotels in question”: Lawrence Hurley of NBC News has this report.

Posted at 10:53 AM by Howard Bashman



“Is It Infringement If It’s Funny?” You can access today’s new episode of the “Strict Scrutiny” podcast, recorded in Hawaii (we’re not envious of that, are we?), via this link.

Posted at 9:48 AM by Howard Bashman



“20. ‘Munsingwear Vacaturs’: A dissent from Justice Jackson criticized the Court’s growing use of summary orders to wipe away lower-court rulings after appeals become moot; If anything, she understated the problems.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:44 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one case and called for the views of the Solicitor General in two cases.

And in Donziger v. United States, No. 22–274, Justice Neil M. Gorsuch issued a dissent, in which Justice Brett M. Kavanaugh joined, from the denial of certiorari.

Posted at 9:33 AM by Howard Bashman