How Appealing



Friday, March 3, 2023

“Supreme Court asks for more briefings in major voting rights case in North Carolina”: Ariane de Vogue and Devan Cole of CNN have this report.

Andrew Chung of Reuters reports that “US Supreme Court indicates it may sidestep major elections ruling.”

Paul Blumenthal of HuffPost reports that “Supreme Court Signals It May Avoid Ruling In Blockbuster Independent State Legislature Case; The court is asking for new briefs after the North Carolina Supreme Court granted a rehearing in the underlying case.”

And at the “Election Law Blog,” Derek Muller has a post titled “‘Final judgment,’ not mootness, at issue in latest Moore v. Harper twist.”

You can access yesterday’s order of the U.S. Supreme Court at this link.

Posted at 10:54 AM by Howard Bashman



Thursday, March 2, 2023

“Caring About ‘Fairness’ Is a Political Choice; The Supreme Court’s conservatives have spent their careers disclaiming the relevance of ‘fairness’ in legal analysis; Now, though, a Democratic president is trying to do something they don’t like”: Jay Willis has this post at Balls and Strikes.

Posted at 11:45 PM by Howard Bashman



“Justice Dep’t opposes immunity for Trump in police suits over Capitol riot; It will be the courts that have the final say, but the input from Justice Department lawyers does not bode well for the former president”: Alexandra Jones of Courthouse News Service has this report.

You can access via this link the federal government’s amicus brief filed today in the U.S. Court of Appeals for the D.C. Circuit.

Posted at 11:40 PM by Howard Bashman



“Merrick Garland Is a Huge Taylor Swift Fan; The Attorney General routinely works her lyrics into conversations and legal arguments; ‘My favorite song is “Shake It Off”‘”: Sadie Gurman will have this front page article in Friday’s edition of The Wall Street Journal.

Posted at 4:10 PM by Howard Bashman



“Clinton’s Tortuous 86-Day Selection Process; Repeatedly just ‘two to three weeks away’ from a decision”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 4:08 PM by Howard Bashman



“Supreme Court Clerk Hiring Watch: The Liberals Start To Move; Plus an interesting new study about SCOTUS clerk hiring, and more clerks with family ties.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 4:04 PM by Howard Bashman



Wednesday, March 1, 2023

“Georgia Supreme Court justice finds value in being uncomfortable; The Honorable Verda M. Colvin shares lessons during Holmes-Hunter Lecture”: Krista Richmond of UGA Today has this report.

You can view the lecture online, because the University of Georgia has posted on YouTube a video titled “2023 Holmes-Hunter Lecture.”

Posted at 11:40 PM by Howard Bashman



“Pa. High Court Poised to Kick Off 2023 Argument Session; Three cases in particular have captured the attention of the plaintiffs and defense bars, with advocates on both sides appearing as amici in matters impacting the realms of medical malpractice, products liability and venue”: Aleeza Furman of The Legal Intelligencer has this report.

As the article notes, I will be arguing two of the cases mentioned in the headline on behalf of the plaintiffs-appellees in each case.

Posted at 10:53 PM by Howard Bashman



“Standing for Gravediggers? A Comment on the SG’s Concession in the Student Debt Forgiveness Case and a Coda on the Major Questions Doctrine and Fairness.” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 7:03 PM by Howard Bashman



“Washington lawyer Tom Goldstein leaves Supreme Court practice, law firm”: David Thomas of Reuters has this report.

And Kimberly Strawbridge Robinson and Lydia Wheeler of Bloomberg Law report that “Tom Goldstein Retires from High Court Bar After Reinventing Path; Goldstein argued 45 cases before justices; Took unusual path to Supreme Court advocacy” (subscription required for full access).

Today, the law firm of Goldstein, Russell & Woofter LLC issued a news release titled “Kevin Russell and Daniel Woofter Announce New Firm.”

Posted at 6:42 PM by Howard Bashman



“Amy Coney Barrett Thinks the Constitution Is Optional For State Courts; Her dissent in Cruz v. Arizona bends over backwards to accommodate states that want to execute as many people as possible”: Yvette Borja has this post at Balls and Strikes.

Posted at 1:24 PM by Howard Bashman



“A San Diego judge had a defendant’s 13-year-old daughter handcuffed. Now the incident is under review. U.S. District Judge Roger Benitez said he was trying to scare girl away from drugs and ending up in court, but studies show ‘scared straight’ tactics don’t work.” Alex Riggins of The San Diego Union-Tribune has an article that begins, “A misconduct complaint against San Diego-based U.S. District Judge Roger Benitez, who ordered a U.S. marshal to handcuff a defendant’s 13-year-old daughter during a hearing, will be reviewed by a higher court, the U.S. 9th Circuit Court of Appeals said Tuesday.”

The Judicial Council of the U.S. Court of Appeals for the Ninth Circuit issued this order yesterday.

Posted at 1:20 PM by Howard Bashman



“Dark money and special deals: How Leonard Leo and his friends benefited from his judicial activism; The Federalist Society co-chairman’s lifestyle took a lavish turn after he became Donald Trump’s adviser on judicial nominations.” Heidi Przybyla of Politico has this report.

Posted at 12:32 PM by Howard Bashman



“Why Elite Law and Medical Schools Can’t Stand U.S. News; Our rankings provide students vital, accurate data; Administrators don’t like to be held accountable”: Eric J. Gertler, executive chairman and CEO of U.S. News & World Report, has this op-ed in today’s edition of The Wall Street Journal.

Posted at 12:18 PM by Howard Bashman



“The Role of the Modern State Solicitor General: Current and Former SGs Weigh In.” The Federalist Society has posted this video on YouTube.

Posted at 12:12 PM by Howard Bashman



“Supreme Court Weighs Future of New York Harbor Commission; Justices hear arguments on whether anti-racketeering agency has outlived its purpose”: Paul Berger and Jess Bravin of The Wall Street Journal have this report.

Posted at 12:08 PM by Howard Bashman