How Appealing



Tuesday, March 21, 2023

“Supreme Court asked to allow West Virginia’s transgender athlete ban; The case involves a 12-year-old transgender girl who wants to stay on the girls’ track and cross-country teams at her middle school”: Robert Barnes of The Washington Post has this report.

Posted at 1:28 PM by Howard Bashman



“Michael Chertoff acknowledges scope of his Supreme Court security work and outlines leak probe timeline in new letter to Congress”: Joan Biskupic of CNN has this report.

Posted at 1:20 PM by Howard Bashman



Monday, March 20, 2023

“After 50 Years, a U.S. Supreme Court Decision on Educational Equity Is Still Debated”: Mark Walsh of Education Week has this report.

Posted at 10:22 PM by Howard Bashman



“Lecture by 5th Circuit Judge Kyle Duncan: ‘Free Speech and Legal Education in Our Liberal Democracy.'” The Center for Citizenship and Constitutional Government at the University of Notre Dame has posted online an announcement that begins, “Judge Kyle Duncan of the United States Court of Appeals for the Fifth Circuit will visit Notre Dame on Friday, March 24 to deliver a lecture titled ‘Free Speech and Legal Education in Our Liberal Democracy.'”

The event is scheduled to be live-streamed via this link beginning at 12:30 p.m. this Friday.

Posted at 3:06 PM by Howard Bashman



“‘New Era’ of Scrutiny Brings Calls for Supreme Court Ethics Code”: Lydia Wheeler and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 1:02 PM by Howard Bashman



“Supreme Court wrestles with Navajo Nation water rights dispute; The justices heard arguments on whether a Navajo lawsuit claiming the federal government has a duty to address the tribe’s water rights can move forward”: Lawrence Hurley of NBC News has this report.

Posted at 12:54 PM by Howard Bashman



“Video Testimony in the Covid Era Faces a Constitutional Test; Two criminal defendants have asked the Supreme Court to decide whether remote testimony against them violated the Sixth Amendment’s confrontation clause”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 12:46 PM by Howard Bashman



“Where Dominion v. Fox Could Lead: The case may have profound implications not only for the two companies but also for the legal framework in which the media operate.” Amy Davidson Sorkin has this Comment in the Talk of the Town section of the March 27, 2023 issue of The New Yorker.

Posted at 10:57 AM by Howard Bashman



“19. When There Are Nine… A look at the historical evolution of the size of the Supreme Court, and some of the reasons why even progressives ought to be wary about expanding it today.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:53 AM by Howard Bashman



“Biden’s appeals court nominee faces rare Democratic scrutiny”: Seung Min Kim of The Associated Press has a report that begins, “One of President Joe Biden’s nominees to a federal appeals court has generated rare concern from some Democrats and outside groups over his signature on a legal brief defending a parental notification law in New Hampshire, injecting the issue of abortion into his confirmation fight from an unexpected flank.”

Posted at 10:52 AM by Howard Bashman



Sunday, March 19, 2023

“Judicial Notice (03.18.23): What A Mess; Bank bailouts, Trump troubles, more Stanford Law, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:03 PM by Howard Bashman



“His Words Were So Terrifying the Supreme Court Got Involved; Billy Raymond Counterman eventually wound up in prison after stalking a musician and sending threatening messages; Now he’s claiming it’s a First Amendment issue”: Lynn Greenky has this essay online at The Daily Beast.

Posted at 9:38 PM by Howard Bashman



“Cruz v. Arizona’s Very Odd Jurisdictional Holding; Did the Court misunderstand its ‘adequate and independent state ground’ doctrine?” Will Baude has this post at “The Volokh Conspiracy.”

Posted at 9:32 PM by Howard Bashman



“The Federalist Society Isn’t Quite Sure About Democracy Anymore; After recent Supreme Court wins, the society’s youth arm debates the next stage for the conservative legal movement”: Ian Ward has this article online at Politico Magazine.

Posted at 9:27 PM by Howard Bashman



“In U.S. Supreme Court Jack Daniel’s case, a free speech fight over a dog toy”: Blake Brittain of Reuters has this report.

Posted at 9:12 PM by Howard Bashman



“Navajo Nation’s long quest for water — and for the federal government to keep its promises — ends up at Supreme Court; The tribe says an 1868 treaty means the federal government has a duty to ensure its people have sufficient water on a reservation where thousands do not have running water”: Lawrence Hurley of NBC News has this report.

Posted at 9:08 PM by Howard Bashman



“Dog Toys, Drugs Lead Supreme Court’s High-Stakes IP Arguments”: Kelcee Griffis and Kyle Jahner of Bloomberg Law have this report.

Posted at 12:53 PM by Howard Bashman



Saturday, March 18, 2023

“US asks Supreme Court to uphold domestic violence gun law”: Gram Slattery and Nate Raymond of Reuters have a report that begins, “The U.S. Justice Department has asked the Supreme Court to allow a federal law stand that makes it a crime for people under domestic violence restraining orders to own firearms.”

You can access the federal government’s petition for writ of certiorari at this link.

Posted at 9:50 PM by Howard Bashman



“What Janet Protasiewicz says about her abortion views, growing up in a Catholic family and why she discusses her values”: Corrinne Hess and Daniel Bice of The Milwaukee Journal Sentinel have an article that begins, “In her run for Wisconsin Supreme Court, liberal Judge Janet Protasiewicz says she is putting her values front and center, hitting hard on the issue of abortion.”

Posted at 1:23 PM by Howard Bashman



Friday, March 17, 2023

“Examining how the U.S. Supreme Court’s decision in unclaimed property case affects Delaware”: Tom Byrne of Delaware Public Radio has this report.

Posted at 9:50 PM by Howard Bashman



“Will anybody stop that Trump judge from banning abortion pills? The federal courts are dominated by Republicans, so the appeals process could be rough.” Ian Millhiser has this essay online at Vox.

Online at Slate, Mark Joseph Stern has a jurisprudence essay titled “The Legal Argument for Banning the Abortion Pill Is Based on a Lie.”

Also online at Slate, Amanda Allen has a jurisprudence essay titled “The True Purpose of Wednesday’s Abortion Pill Hearing.”

Posted at 9:41 PM by Howard Bashman



“My Struggle Session at Stanford Law School; A dean voices pride that students are being taught to stage tantrums rather than make a reasoned case”: Fifth Circuit Judge Stuart Kyle Duncan has this essay online at The Wall Street Journal.

And at Balls and Strikes, Jay Willis has a post titled “Will Someone Please Share Kyle Duncan’s Thoughts on ‘Fairness’ With the Supreme Court; The conservative justices spent a lot of time last month worrying about whether Biden’s student debt relief plan is ‘fair’; Kyle Duncan has some notes for them.”

Posted at 5:44 PM by Howard Bashman



“The Last of Us: Part II; Yep, this one’s about Franklin Pierce.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 1:24 PM by Howard Bashman



“Supreme Court remembering Justice Ruth Bader Ginsburg”: Jessica Gresko of The Associated Press has this report.

You can view live, online the U.S. Supreme Court‘s Bar Memorial for Justice Ruth Bader Ginsburg, scheduled to begin at 1:45 p.m. eastern time today, via this link.

Posted at 1:15 PM by Howard Bashman



Thursday, March 16, 2023

“Boeing’s Legal Dispute: Did 737 MAX Victims Suffer Pain Before the Crash? Dispute focuses on whether relatives of crash victims are legally entitled to damages beyond their own grief and loss.” Andrew Tangel of The Wall Street Journal has this report.

Posted at 8:46 PM by Howard Bashman



“McCarthyism Is Rearing Its Head in America’s Law Schools; Two federal appeals court judges want legal educators to get into the business of blacklisting student ‘disrupters’ from law schools and legal jobs; That’s deserving of true student outrage”: Columnist Vivia Chen has this essay online at Bloomberg Law.

And yesterday, Chen had an essay titled “Stanford Law Students Are Fueling the Right-Wing Agenda; Why are some of the best and brightest law students in the land so inept at the culture war game?

Posted at 8:32 PM by Howard Bashman