How Appealing



Friday, March 10, 2023

“On Ohio Supreme Court abortion case, Chief Justice Sharon Kennedy appoints judge who served on crisis pregnancy center board”: Laura Hancock of The Cleveland Plain Dealer has this report.

Posted at 1:48 PM by Howard Bashman



“When will Americans flood the streets to protest our broken, corrupt Supreme Court? Bombshell disclosures about huge paydays for spouses and influencers at a corrupt Supreme Court, drop with a thud? Is real change possible?” Columnist Will Bunch has this essay online at The Philadelphia Inquirer.

Posted at 1:45 PM by Howard Bashman



“Pacific Legal Foundation snags Supreme Court trifecta”: Jenna Greene’s “Legal Action” from Reuters has this post.

Posted at 1:42 PM by Howard Bashman



“US 3rd Circuit’s 5 p.m. Deadline Proposal Prompts Calls for Better Bench-Bar Communication; The Pennsylvania and Philadelphia bar associations, the Third Circuit Bar Association, the Department of Justice and the Pennsylvania ACLU were among the organizations to submit public comment to the court objecting to the change”: Aleeza Furman of The Legal Intelligencer has this excellent article (pass-through link) reporting on various comments that the U.S. Court of Appeals for the Third Circuit received on its proposed change of that court’s electronic filing deadline from 11:59:59 p.m. to 5 p.m.

The article discusses and links to various comments that have not previously been made publicly available. For whatever reason, the Third Circuit is not itself making public the (no doubt extensive) comments it has received on the rule change.

Posted at 11:30 AM by Howard Bashman



Thursday, March 9, 2023

“Solving the Problem of Nonoriginalist Precedent: What should the Supreme Court’s originalist justices do when confronted with nonoriginalist precedents on which citizens have relied?”: John O. McGinnis and Mike Rappaport have this post at the “Law & Liberty” blog.

Posted at 9:57 PM by Howard Bashman



“Florida law banning firearm sales to people younger than 21 upheld by federal appeals court; The Florida legislature passed the law in the wake of the Parkland school shooting”: Paul Best of Fox News has this report on a ruling that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

Circuit Judge Robin S. Rosenbaum, who made the list of the list of my 13 favorite federal appellate judge writers back in 2016, wrote the majority opinion.

Posted at 9:54 PM by Howard Bashman



“Florida Republicans Propose 6-Week Abortion Ban; The bills would tighten the current 15-week limit and offer narrow exceptions; Gov. Ron DeSantis said he welcomed ‘pro-life legislation'”: David W. Chen and Patricia Mazzei of The New York Times have this report.

Posted at 9:44 PM by Howard Bashman



“Bill Clinton’s Litmus Test on Roe v. Wade; Did he, or didn’t he, discuss Roe with Ruth Bader Ginsburg?” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 9:38 PM by Howard Bashman



“Supreme Court could take first transgender sports case with appeal from West Virginia soccer player; West Virginia is one of 18 states that have passed a Save Women’s Sports Act”: Brianna Herlihy of Fox News has this report.

Posted at 9:24 PM by Howard Bashman



“Visiting Judges: Riding Circuit and Beyond; The curious phenomenon of visiting judges and its serious benefits to the federal courts.” Law professor Marin K. Levy has this article in the current issue of Judicature magazine.

Posted at 8:40 PM by Howard Bashman



“At Argument in Husqvarna Case, Justices Questions if Sales Outweigh Physical Presence in Determining Venue; Arguments in Hangey v. Husqvarna Professional Products centered on which factors courts should look at to determine whether a defendant regularly conducts business in a county”: Riley Brennan of The Legal Intelligencer has this report on the second of the two oral arguments I presented yesterday at the Supreme Court of Pennsylvania.

Posted at 1:09 PM by Howard Bashman



Wednesday, March 8, 2023

“If the Supreme Court ends affirmative action in college admissions, diversity could be expanded; In a post-affirmative action world, looking at equity and equality through another lens — class — could level the playing field for low-income students of all backgrounds”: Carla Newman has this essay online at The Boston Globe.

Posted at 9:53 PM by Howard Bashman



“Is the Florida Supreme Court building ‘sick’? Staffers reveal troubling symptoms, but no health regulators are watching.” Noreen Marcus of Florida Bulldog has this report.

Posted at 9:37 PM by Howard Bashman



“‘Why Isn’t This Hearsay?’: Pa. Justices Wary of Opening Products Suits to Industry Standards Evidence; Justice Christine Donohue and Chief Justice Debra Todd were the most vocal questioners during Wednesday’s arguments in Sullivan v. Werner – a case poised to bring clarity to an issue left open by the high court’s influential 2014 ruling in Tincher v. Omega Flex.” Aleeza Furman of The Legal Intelligencer has this report on the first of the two cases that I argued this morning before the Supreme Court of Pennsylvania.

Posted at 4:48 PM by Howard Bashman



“Key Democrats seek info from former judge who reviewed Supreme Court leak probe after CNN exclusive”: Tierney Sneed and Ariane de Vogue of CNN have this report.

Posted at 4:02 PM by Howard Bashman



Programming note: This morning, I will be presenting two separate oral arguments to the Supreme Court of Pennsylvania on behalf of the plaintiffs-appellees in each case. The oral argument audio will be live-streamed on YouTube via this link beginning at 9:30 a.m. eastern time. The cases I am participating in are listed first and third for argument.

As a result, additional posts will not appear here until later this afternoon.

Posted at 7:38 AM by Howard Bashman



Tuesday, March 7, 2023

“Professor Jennifer Mascott, Winner of 2023 Joseph Story Award”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 4:27 PM by Howard Bashman



“The Curious Rise of a Supreme Court Doctrine That Threatens Biden’s Agenda; The ‘major questions doctrine,’ promoted by conservative commentators, is of recent vintage but has enormous power and may doom student loan relief and other programs”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times.

Posted at 1:18 PM by Howard Bashman



“Why the Supreme Court’s Leak Investigation Failed; The inquiry revealed once again the need for real oversight of the judicial branch”: Glenn Fine has this essay online at The Atlantic.

Posted at 12:46 PM by Howard Bashman



“Supreme Court Hints That It May Duck Two Big Cases; Recent orders suggest that the justices are thinking of dismissing cases involving the ‘independent state legislature’ theory and Title 42, an immigration measure imposed during the pandemic”: Adam Liptak of The New York Times has this report.

Posted at 12:36 PM by Howard Bashman



Monday, March 6, 2023

“Should Courts Concern Themselves With Improving Work-Life Balance of Attorneys, Their Staff?” This month’s installment of my “Upon Further Review” column will appear in tomorrow’s print edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Posted at 10:15 PM by Howard Bashman



Sunday, March 5, 2023

Programming note: I will be traveling for most of the day on Monday. As a result, new posts will not appear here until Monday night, although this blog’s Twitter feed will likely feature occasional updates.

At 9:30 a.m. eastern time on Monday, the U.S. Supreme Court is scheduled to issue an Order List, which you can access thereafter via this link. At “SCOTUSblog,” John Elwood recently had this preview of some of the cases under consideration.

Posted at 11:54 PM by Howard Bashman



“The Supreme Court May Force Us to Rethink 500 Years of Art; A copyright case about Warhol’s work could change the future of Western art — and, in a sense, its history, too”: Blake Gopnik has this article in today’s edition of The New York Times.

Posted at 11:44 PM by Howard Bashman



“Judicial Notice (03.04.23): Sometimes You Just Need A Gavel; A federal judge under investigation, more Biglaw layoffs, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 11:00 PM by Howard Bashman



Friday, March 3, 2023

“Mifepristone and the rule of law: The plaintiffs’ case to take mifepristone off the market is weak and likely to fail.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Online at Slate, law professors David S. Cohen, Greer Donley, and Rachel Rebouche have a jurisprudence essay titled “Actually, One Texas Judge Is Not the Final Decision-Maker on Medication Abortion; One district judge’s ruling does not have to affect the entire country.”

And at Balls and Strikes, Jacob Hammond has a post titled “The Fringe Legal Theory Powering the Conservative War On Abortion Pills; How the right is trying to revive an obscure 150-year-old federal obscenity law to continue peeling back reproductive rights.”

Posted at 11:48 PM by Howard Bashman