How Appealing



Wednesday, May 31, 2023

“Stephen Breyer Wants the Supreme Court to Avoid ‘Self-inflicted’ Wounds; The retired justice spoke with The Marshall Project on abortion, the death penalty and the court’s reputation”: Beth Schwartzapfel of The Marshall Project has this Q&A.

Posted at 8:47 PM by Howard Bashman



Tuesday, May 30, 2023

“Ron DeSantis, Disney Are Headed Into Untested Legal Waters; Competing lawsuits spotlight First Amendment’s scope and constitutional protections of contracts”: Arian Campo-Flores and Jacob Gershman of The Wall Street Journal have this report.

Posted at 10:50 PM by Howard Bashman



“Sacklers Can Be Shielded From Opioid Liability, Appeals Court Rules; The decision gives the Purdue Pharma owners long-sought protection, but it is a major step toward releasing billions of dollars from their fortune to states and communities to help cope with the costs of addiction”: Jan Hoffman of The New York Times has this report.

And Becky Yerak, Alexander Gladstone, and Jonathan Randles of The Wall Street Journal report that “Purdue’s Sacklers Win Appeal to Regain Legal Shield Against Opioid Suits; Bankrupt maker of OxyContin gains court approval to resolve lawsuits against Sackler family owners through the company’s chapter 11 restructuring plan.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 10:45 PM by Howard Bashman



“Reason, Rhetoric, and Ethic at the Friendly Medal Ceremony”: Richard M. Re has this post at his blog, “Re’s Judicata.”

Posted at 9:53 PM by Howard Bashman



“The Right’s War on Abortion Was Never About Legal Doctrine; The justices in the Dobbs majority promised to return abortion ‘to the people’s elected representatives’; For conservative activists, this was just the beginning”: Peter Shamshiri has this post at Balls and Strikes.

Posted at 9:25 PM by Howard Bashman



“Descendants asking US Supreme Court to rename Brown v. Board of Education for SC case”: Jessica Holdman of The Post and Courier of Charleston, South Carolina has this report.

Posted at 9:20 PM by Howard Bashman



“Former MS Supreme Court Justice Kay Cobb, second woman to serve on Court, dies at 81”: Wicker Perlis of The Clarion Ledger of Jackson, Mississippi has this report.

Then-Justice Cobb was the April 2003 participant in this blog’s “20 questions for the appellate judge” feature, and you can read her interview at this link.

Posted at 9:01 PM by Howard Bashman



“Elite High School’s Admissions Plan May Face Supreme Court Test; The justices will soon rule on race-conscious admissions plans at Harvard and U.N.C.; A new appeals court case asks whether schools can use race-neutral tools to achieve racial diversity”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times.

Posted at 9:56 AM by Howard Bashman



Sunday, May 28, 2023

“Senate veterans: Supreme Court fight has roots in years of partisan combat; Sen. Sheldon Whitehouse, D-R.I., and former Sen. Roy Blunt, R-Mo., joined ‘Meet the Press’ for a special Supreme Court edition.” Alexandra Marquez of NBC News has this report.

Posted at 9:07 PM by Howard Bashman



“Ron DeSantis Wants To Take His ‘War On Woke’ National. There’s One Big Problem: The Constitution. Courts have repeatedly rejected the Florida governor’s narrow-minded agenda as a ‘positively dystopian’ assault on free speech and due process.” Paul Blumenthal of HuffPost has this report.

Posted at 8:52 PM by Howard Bashman



“Fixing The Court, One Story at a Time: An all-star jurisprudence journalist panel on what went wrong with covering the Supreme Court, and what to do about it.” You can access the new installment of Slate’s “Amicus” podcast via this link.

Posted at 8:50 PM by Howard Bashman



“Here’s What Happens When Your Lawyer Uses ChatGPT: A lawyer representing a man who sued an airline relied on artificial intelligence to help prepare a court filing; It did not go well.” Benjamin Weiser of The New York Times has this report.

Posted at 8:47 PM by Howard Bashman



“DeSantis signed a near-total abortion ban. Here’s what those directly affected think of it”: Clara-Sophia Daly of The Miami Herald has this report.

Posted at 8:45 PM by Howard Bashman



“Judicial Notice (05.27.23): ChatGPT, FML; An AI epic fail, a surprising SCOTUS alliance, a merger of Biglaw behemoths, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:02 PM by Howard Bashman



Friday, May 26, 2023

“Indiana Dr. Caitlin Bernard violated girl’s privacy in abortion case, medical board finds”: Johnny Magdaleno of The Indianapolis Star has this report. In addition, Magdaleno and Brittany Carloni of The Indianapolis Star have a report headlined “‘Chilling effect’: National experts decry decision against abortion doctor Caitlin Bernard.”

And Kim Bellware and Dan Rosenzweig-Ziff of The Washington Post report that “Indiana board fines doctor for discussing rape victim’s abortion.”

Posted at 8:35 PM by Howard Bashman



“Preserving Legal Issues via Denied Summary-Judgment Motions; The Supreme Court held that a denied summary-judgment motion is sufficient to preserve a purely legal issue, even if the case proceeds to trial”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 8:30 PM by Howard Bashman



“Gorsuch, Jackson Form Unusual Alliance Against Government Power; Conservative and liberal team up in four cases; Pairings show an aligned interest, legal scholars say”: Lydia Wheeler of Bloomberg Law has this report.

Posted at 1:23 PM by Howard Bashman



“Confusion on abortion, mistrust in US Supreme Court followed Dobbs decision, survey finds”: Deidre McPhillips of CNN has this report.

Posted at 1:00 PM by Howard Bashman



“Term Update: We Haven’t Seen This in Over 25 Years.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 12:57 PM by Howard Bashman



“John Eastman asks Supreme Court to wipe away ruling that said evidence showed that he and Trump may have been plotting a crime”: Tierney Sneed of CNN has this report. You can view the petition for writ of certiorari at this link.

Posted at 12:54 PM by Howard Bashman



“Maryland Supreme Court halts Adnan Syed’s murder conviction reinstatement; The justices prevented an appellate court ruling that reinstated the conviction from taking effect at least temporarily, while they mull whether to take up the case”: Omari Daniels of The Washington Post has this report.

Posted at 12:50 PM by Howard Bashman



“Could a Supreme Court ruling on animal welfare help anti-abortion states target California?” Bob Egelko of The San Francisco Chronicle has this report.

Posted at 12:48 PM by Howard Bashman



“The Supreme Court gift list: Paintings, guns, and a sculpture of a hand; As Congress ramps up scrutiny of gift disclosures, here are some of the unusual items that justices have reported receiving in the past two decades.” James Romoser of Politico has this report.

Posted at 12:45 PM by Howard Bashman



Thursday, May 25, 2023

“The Curious Failure to Cite to Rehnquist’s Bush v. Gore Concurrence and the Independent State Legislature Theory in 2004 Salazar Case; The Issue Was Clear to Justice Stevens’ Then-Clerk (and Now-CA Supreme Court Justice) Leondra Kruger”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 9:44 PM by Howard Bashman



“It Is Not a Journalist’s Job to Make John Roberts Look Good; Telling the whole story of a Supreme Court case requires more than reading the opinion and cranking out a summary by lunchtime”: Jay Willis has this post at Balls and Strikes.

Posted at 9:38 PM by Howard Bashman



“States Are Not Entitled to Windfalls in Tax Disputes, Supreme Court Rules; In a unanimous decision, the justices sided with a 94-year-old woman who got nothing when a Minnesota county sold her condominium to recoup unpaid taxes”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court rules for woman who says county took too much for tax debt.”

Jess Bravin of The Wall Street Journal reports that “Governments Owed Taxes Can’t Seize More Than They Are Due, Supreme Court Rules; ‘Render unto Caesar what is Caesar’s, but no more,’ writes Chief Justice Roberts.”

John Fritze of USA Today reports that “Supreme Court sides with grandmother who lost home, equity because of back taxes.”

And Alex Swoyer of The Washington Times reports that “Supreme Court sides with elderly woman who lost condo to Minnesota county; Hennepin County kept surplus from condo sale after satisfying her tax debt.”

You can access today’s ruling of the U.S. Supreme Court in Tyler v. Hennepin County, No. 22-166, at this link.

Posted at 9:12 PM by Howard Bashman



“Court grants new life to lawsuit challenging Maine’s vaccine mandate for health care workers; Three judges on the 1st U.S. Circuit Court of Appeals unanimously reversed a lower court’s decision to throw out a legal challenge to the state’s COVID-19 mandate for health care workers”: John Terhune of The Portland Press Herald has this report.

And Daniel Wiessner of Reuters reports that “Healthcare workers win revival of challenge to Maine COVID vaccine mandate.”

You can access today’s ruling of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 8:03 PM by Howard Bashman



Wednesday, May 24, 2023

“In Capitols and Courthouses, No End to National Divide Over Gun Policy; After the Supreme Court ruled last year that people could carry guns outside their homes, legal challenges and legislative debates have been playing out across the country”: Shaila Dewan of The New York Times has this report.

Posted at 8:46 PM by Howard Bashman



“Another Failure to Apply the Amended Rule 3(c); Another court of appeals has relied on abrogated caselaw rather than the recently amended Rule 3(c) to limit the scope of an appeal”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 5:28 PM by Howard Bashman