How Appealing



Thursday, March 16, 2023

“N. Dakota Supreme Court Blocks Abortion Ban; Says Constitution Protects Procedure; The court’s opinion is not the final word on the case, but it upheld a lower court’s decision to suspend the state’s abortion ban”: Ava Sasani and David W. Chen of The New York Times have this report.

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “An All-Republican State Supreme Court Unanimously Protects Abortion Rights.”

You can access today’s ruling of the Supreme Court of North Dakota at this link.

Posted at 5:56 PM by Howard Bashman



“Federal Judges Got the Power to Remove Their Private Info From the Internet — And They’re Using It; The new program has arrived — and thrived — as members of Congress and the public have expressed concern about the federal government’s efforts to remove information online and sought more accountability of the judiciary”: Brad Kutner of The National Law Journal has this report.

Posted at 5:50 PM by Howard Bashman



“Jack Daniel’s, Confusion, and the Problematic Origin Story of this Blog’s Name”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Apparently I had made the same connection several years before the “Dorf on Law” blog came into existence in two “How Appealing” posts from 2003, here and here. (Yes, somehow this blog has been in existence for more than 20 years now!!!)

Posted at 4:16 PM by Howard Bashman



“Second Amendment Roundup: Should the Fifth Circuit Reconsider Rahimi En Banc?” Stephen Halbrook has this post at “The Volokh Conspiracy.”

Posted at 2:51 PM by Howard Bashman



“The Stanford Disruption: Who Should be Apologizing to Whom? There have been too few apologies for what transpired, not too many.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

And at Balls and Strikes, Elie Mystal has a post titled “Why Elite Law Schools Always Cave to Whatever Federalist Society Judges Want; Stanford Law School’s cowardly apology to Kyle Duncan demonstrates how institutionalists will always protect their institution — even if that means hanging the people who comprise it out to dry.”

Posted at 2:37 PM by Howard Bashman



“Sorry, Clarence Thomas, but Supreme Court Ethics Reform Is on the Table; A plan to save the high court from its own excesses — with bipartisan buy-in — is gathering steam; Here are the next steps to build on the unexpected momentum”: Simon Lazarus has this essay online at The New Republic.

Posted at 1:05 PM by Howard Bashman



“How Did State Supreme Court Races Get So Expensive? Wisconsin’s is only the latest example.” Nathaniel Rakich of FiveThirtyEight has this report.

Posted at 1:00 PM by Howard Bashman



“Why Ginsburg’s Age Didn’t Doom Her Candidacy; RBG’s debt to the twelve Reagan-Bush years”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 12:48 PM by Howard Bashman



“Kavanaugh and Alito said judges would be out of the abortion equation. That’s not the case.” Joan Biskupic of CNN has this report.

Posted at 12:44 PM by Howard Bashman



Wednesday, March 15, 2023

“Georgia Judge Avoids Removal Over Ethical Concerns, For Now; Judge purportedly mistreated clients as an attorney; Code of Judicial Conduct only applies to judges”: David McAfee of Bloomberg Law has a report that begins, “A Georgia Court of Appeals judge won’t yet be removed from office, despite a recommendation for such a sanction, the state’s top court ruled Wednesday.”

Posted at 9:55 PM by Howard Bashman



“In Wisconsin, Liberals Barrage Conservative Court Candidate With Attack Ads; Daniel Kelly, the conservative candidate for a swing seat on Wisconsin’s Supreme Court, promised that help was on the way; But his campaign has already been outspent on TV by $9.1 million to nothing”: Reid J. Epstein of The New York Times has this report.

Posted at 9:38 PM by Howard Bashman



“The Full Audio Recording Of Judge Kyle Duncan At Stanford Law; Listen to this recording, ye mighty, and despair — although whether you despair about law students or judges might vary based on your priors”: David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:07 PM by Howard Bashman



“Texas judge presses lawyers on FDA approval of key abortion drug; High-stakes lawsuit could upend access to mifepristone, one of two drugs used in medical abortions across the country”: Perry Stein, Caroline Kitchener, and Ann E. Marimow of The Washington Post have this report.

Posted at 4:19 PM by Howard Bashman



Tuesday, March 14, 2023

“In the Gun Law Fights of 2023, a Need for Experts on the Weapons of 1791; A Supreme Court decision has forced courts to consider what gun restrictions existed two centuries ago, sending demand soaring for historians”: Shawn Hubler of The New York Times has this report.

Posted at 10:04 PM by Howard Bashman



“Font Wars Spread After State Department Replaces Times New Roman With Calibri; ‘I’m banging my head against the wall’; camps divided in fallout from government efforts to make documents easier to read”: Katie Deighton will have this front page article in Wednesday’s edition of The Wall Street Journal.

Posted at 9:56 PM by Howard Bashman



“Trump Judge Kyle Duncan got exactly what he wanted out of Stanford: Fame.” Jay Willis has this essay online at The San Francisco Chronicle.

Posted at 8:44 PM by Howard Bashman



“Judge speaks on studying law; Judge Kyle Duncan of 5th Circuit of the U.S. Court of Appeals spoke to Hillsdale Federalist Society”: Last Thursday, Adriana Azarian of The Hillsdale Collegian had an article that begins, “Law is one of the best ways to promote a return to America’s founding principles of justice and limited government, according to Judge Kyle Duncan of the 5th Circuit of the U.S. Court of Appeals.”

Posted at 8:40 PM by Howard Bashman



“Hating Everyone Everywhere All At Once At Stanford: Don’t Expect Free Speech Disputes To Have Heroes.” Ken White has this interesting post at his Substack site, “The Popehat Report.”

Posted at 8:17 PM by Howard Bashman



“NC Supreme Court hears a new round of arguments in partisan gerrymandering case”: Avi Bajpai and Danielle Battaglia of The News & Observer of Raleigh, North Carolina have this report.

And Will Doran of WRAL News reports that “NC Supreme Court re-hears arguments in controversial redistricting case; Republicans gerrymandered the state’s political maps so much that it violated the constitutional guarantee of free elections, the NC Supreme Court ruled last year; But the court has since shifted from Democratic to Republican control, and that case is getting a do-over.”

The Supreme Court of North Carolina has posted the video of today’s oral argument on YouTube at this link.

Posted at 5:22 PM by Howard Bashman



“Lessons from The Trump Years for SCOTUS: Understanding the FedSoc’s SCOTUS takeover and why the rest of us have a rule of law problem.” You can access the current episode of Slate’s “Amicus” podcast featuring Dahlia Lithwick via this link.

Posted at 3:39 PM by Howard Bashman



“Federal Judiciary Seeks New Judgeship Positions”: The Administrative Office of the U.S. Courts issued this news release today. If I understand the proposal correctly, if approved, the Ninth Circuit would expand to 31 active judges from its current authorized total of 29.

Posted at 1:52 PM by Howard Bashman



“A new Supreme Court case could be the most important transgender rights decision ever; And it arrives at the Supreme Court at an absolutely horrible time”: Ian Millhiser has this essay online at Vox.

Posted at 1:33 PM by Howard Bashman



“7 Updates On Judge Kyle Duncan And Stanford Law; Here’s a curated yet comprehensive collection of news updates, original documents, and online commentary”: David Lat has this post at his “Original Jurisdiction” Substack site.

At The Washington Free Beacon, Aaron Sibarium reports that “Student Activists Target Stanford Law School Dean in Revolt Over Her Apology; Jenny Martinez becomes the target of student ire for saying ‘I’m sorry’ to besieged judge Kyle Duncan.”

Online at The Recorder, law professor Rory K. Little has an essay titled “Heckling as Principled Civil Disobedience.”

And today’s new episode of the “Advisory Opinions” podcast, featuring Sarah Isgur and David French, is titled “The Stanford Squeeze: Reaching ‘terminal stupidity.’

Posted at 1:26 PM by Howard Bashman



“Constitutional Law, Constitutional Litigation, and the Truth About Constitutional Text”: Eric Segall has this post at “Dorf on Law.”

Posted at 10:50 AM by Howard Bashman