How Appealing



Tuesday, April 25, 2023

“What Scalia’s Defense of a Free Jet Trip Says About Thomas’s Travels; In a combative 2004 memo rejecting calls for his recusal, Justice Antonin Scalia discussed whether a trip on a litigant’s plane was a gift that had to be disclosed”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times.

Posted at 8:07 PM by Howard Bashman



“24. Justice Alito and the Shadow Docket: A detailed look at Justice Alito’s eye-opening dissent from the Court’s Friday night stay in the mifepristone case.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 11:30 AM by Howard Bashman



“The Supreme Court Isn’t Done With Abortion. Not by a Long Shot. Abortion pill is first of many clashes that may reach justices. Dobbs left open issues of abortion travel bans, mail drugs.” Greg Stohr of Bloomberg News has this report.

Posted at 11:28 AM by Howard Bashman



“The Jurisprudence of Justice Samuel Alito: A Symposium.” The Harvard Journal of Law & Public Policy’s online Per Curiam site has posted online this symposium featuring many authors with whom you are likely familiar, including four currently serving federal appellate judges.

Posted at 11:02 AM by Howard Bashman



“Harlan Crow, the Billionaire Tied to Clarence Thomas, Wields Texas Influence; He and his wife have contributed at least $14.7 million to state and federal political candidates, committees and parties over the past three decades”: Patrick Clark, Simone Foxman, and Shelly Hagan of Bloomberg News have this report.

And Zoe Tillman of Bloomberg News reports that “Clarence Thomas’s Billionaire Friend Did Have Business Before the Supreme Court; Justice didn’t recuse from rejection of architecture firm case; Harlan Crow said he had no knowledge of or involvement in case.”

Posted at 10:54 AM by Howard Bashman



“Law firm head bought Gorsuch-owned property; The Supreme Court justice did not report the identity of the purchaser, whose firm has had numerous cases before the court”: Heidi Przybyla of Politico has this report.

Posted at 10:48 AM by Howard Bashman



Sunday, April 23, 2023

“The Supreme Court Takes Up ‘Home-Equity Theft’; Officials sold Geraldine Tyler’s condo to settle a tax debt—then pocketed an extra $25,000”: Christina Martin had this op-ed in yesterday’s edition of The Wall Street Journal.

Posted at 9:03 PM by Howard Bashman



“The Supreme Court Stopped Short of a Radical Act; Both the mifepristone ruling and the Wisconsin judicial election suggest the politics of court reform are shifting”: Law professor Aziz Huq has this essay online at Politico Magazine.

Posted at 8:52 PM by Howard Bashman



“The Supreme Court delivers a sigh of relief — and an outrageous dissent”: Columnist Jennifer Rubin has this essay online at The Washington Post.

Posted at 8:47 PM by Howard Bashman



“Judicial Notice (04.22.23): Outfoxed By Dominion; Estimated legal fees in Dominion v. Fox, David Boies’s take on the case, and other (non-Dominion) legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:42 PM by Howard Bashman



Saturday, April 22, 2023

“Law firms take a pass on paying for Twitter checks, but some star attorneys shell out”: Jenna Greene of Reuters has this report.

Posted at 10:08 PM by Howard Bashman



“The Democrats’ Appalling Failure to Confront the Rogue, Right-Wing Supreme Court; The party needs to take its cue from America’s most celebrated leaders, who had no fear of talking directly to the public about the Constitution”: Simon Lazarus has this essay online at The New Republic.

Posted at 9:48 PM by Howard Bashman



“With Supreme Court poised to eliminate use of race in college admissions, states with existing bans offer a sobering view”: Hilary Burns of The Boston Globe has this report.

Posted at 9:40 PM by Howard Bashman



“Chief Justice John Roberts’ Mockery of Stalking Victims Points to a Deeper Problem; The justices take their own safety very, very seriously. Everybody else’s? Not so much.” Law professor Mary Anne Franks has this jurisprudence essay online at Slate.

And today’s episode of Slate’s “Amicus” podcast, on which Franks is Dahlia Lithwick’s guest, is titled “John Roberts’ Unfunny Stalking Jokes at SCOTUS; A cyber-stalking case highlights whose safety matters to SCOTUS when it comes to free speech.”

Posted at 4:53 PM by Howard Bashman



“The Stealth Impeachment of Judge Newman in the Federal Circuit: Chief Judge Kimberly Moore cannot be the judge, jury, and executioner of her colleague.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 4:44 PM by Howard Bashman



“Details about multimillion-dollar stock holding concealed in abortion pill judge’s financial disclosures”: Casey Tolan and Isabelle Chapman of CNN have this report.

Posted at 1:50 PM by Howard Bashman



“ShotSpotter reports gunshots in Pittsburgh 3,000 times a year. One case could deflect its use in court. The alert system is increasingly important in police efforts to understand and address gun crime, but the state Supreme Court may soon address whether it tilts the scales of justice.” Charlie Wolfson, Amelia Winger, and Rich Lord of PublicSource had this report back in August 2022.

The Supreme Court of Pennsylvania heard what turned out to be a very interesting oral argument in this appeal earlier this week, and you can access the oral argument audio via this link.

The issue Pennsylvania’s highest court granted review to decide is “[w]hether a ‘Shotspotter Investigative Lead Summary’ written report, which purports to show the time and location of a shooting incident and was offered as substantive evidence to the jury at trial, is testimonial in nature and subject to the protections afforded under the Confrontation Clause enshrined in the Sixth Amendment of the United States Constitution and Article I, Section 9 of the Pennsylvania Constitution.”

Posted at 1:36 PM by Howard Bashman



Friday, April 21, 2023

“Renowned Federal Judge Retains NCLA to Oppose CAFC Chief Judge’s Unlawful Efforts to Oust Her”: Today, the New Civil Liberties Alliance issued a news release that begins, “The New Civil Liberties Alliance, a nonpartisan, nonprofit civil liberties group, has written to Chief Judge Kimberly A. Moore of the U.S. Court of Appeals for the Federal Circuit expressing concern with her efforts to remove fellow U.S. Circuit Judge Pauline Newman.”

You can access the letter at this link.

Posted at 8:33 PM by Howard Bashman



“Probe of federal appeals judge tests aging US courts”: Jacqueline Thomsen, Andrew Goudsward, and Blake Brittain of Reuters have this report.

Posted at 8:24 PM by Howard Bashman



“Supreme Court preserves access to key abortion drug as appeal proceeds”: Robert Barnes and Ann E. Marimow of The Washington Post have this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court sides with FDA on abortion pills, blocks Texas rulings for now.”

Laura Kusisto and Jess Bravin of The Wall Street Journal report that “Supreme Court Rules Abortion Pill Mifepristone Can Stay on the Market; Justices block lower-court order that would have imposed new limits on drug.”

John Fritze and Christine Fernando of USA Today have an article headlined “Abortion pill: Supreme Court halts mail, telehealth restrictions on mifepristone.”

And Alex Swoyer of The Washington Times reports that “Supreme Court blocks restrictions on abortion pill from taking effect, for now.”

You can access this evening’s 7-to-2 order of the U.S. Supreme Court at this link.

Posted at 8:12 PM by Howard Bashman



“Judge José Cabranes Recounts His Supreme Court Candidacy; ‘If they kill me for the Supreme Court, they kill me for the Second Circuit'”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 5:14 PM by Howard Bashman



“Forensic Psychiatrist Calls Ex-C.I.A. Prisoner’s Confession Voluntary; Prosecutors enlisted the full-time legal consultant to counter claims that a Saudi prisoner accused in the bombing of the destroyer Cole was in a state of ‘learned helplessness’ at Guantánamo Bay”: Carol Rosenberg of The New York Times has this report.

Posted at 5:11 PM by Howard Bashman



“Judge who suspended abortion pill failed to disclose interviews that discussed social issues”: Andrew Kaczynski and Em Steck of CNN have this report.

Posted at 5:02 PM by Howard Bashman