How Appealing



Monday, May 8, 2023

“Naperville, state of Illinois urge U.S. Supreme Court not to block ban on assault-style weapons; Gun shop owner Robert Bevis has asked the Supreme Court to overturn lower court rulings upholding the ban”: Andy Grimm of The Chicago Sun-Times has this report.

And Alex Swoyer of The Washington Times reports that “Illinois bucks Supreme Court, defends ban on assault weapons sales as lawful.”

You can access the U.S. Supreme Court filings in the case via this link.

Posted at 9:54 PM by Howard Bashman



“26. Two Theories of Equal Protection; In a series of decisions starting in the 1970s, the Supreme Court set the stage for subjecting race-based affirmative action to the most exacting constitutional scrutiny.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:37 PM by Howard Bashman



“Why does doctrine get so complicated? (Or does it?)” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 9:16 PM by Howard Bashman



“Proposed rulemaking on adopting a nationwide filing deadline”: My memorandum to the U.S. Courts’ Advisory Committee on Appellate Rules suggesting the adoption of a nationwide 5 p.m. electronic filing deadline for the federal appellate courts has been accepted for filing and assigned Docket No. 23-AP-F.

Posted at 5:56 PM by Howard Bashman



“A Brief History of Appellate Court Rule Changes”: Tomorrow’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, will contain this month’s installment of my “Upon Further Review” column.

It concludes:

In the very near future, I will be writing to the U.S. Courts’ Advisory Committee on Appellate Rules to ask that committee to consider whether to adopt a nationwide 5 p.m. e-filing deadline now that the Third Circuit has done so. If a nationwide 5 p.m. appellate filing deadline is not adopted, then the committee should consider whether the Third Circuit has the authority to unilaterally implement this rule change and, at a minimum, should recommend that the Third Circuit reinstate a midnight deadline. So, as they say, stay tuned for further developments.

Posted at 2:10 PM by Howard Bashman



“The Tale of the Only U.S. Supreme Court Justice to be Impeached; To understand Clarence Thomas’ possible future, we looked to the past”: Shirin Ali has this essay online at Slate.

Posted at 1:30 PM by Howard Bashman



“Three GOP appointees, including 2 from Trump, will hear the next phase of major abortion pill case”: Tierney Sneed of CNN has this report.

According to the article, “Circuit Judges James Ho and Cory Wilson, both Trump nominees, will hear the oral arguments on May 17, alongside Judge Jennifer Walker Elrod, an appointee of George W. Bush.”

Posted at 12:43 PM by Howard Bashman



“Asked and Answered: A Listener Mailbag Episode!” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 12:00 PM by Howard Bashman



“In the Post-Roe Era, Letting Pregnant Patients Get Sicker—by Design; Fearing legal repercussions, doctors in Texas say they are risking grave patient harm to comply with new abortion restrictions”: Stephania Taladrid has this report online at The New Yorker.

Posted at 11:57 AM by Howard Bashman



“He helped craft the ‘bounty hunter’ abortion law in Texas. He’s just getting started.” Sarah McCammon of NPR has this report.

Posted at 11:55 AM by Howard Bashman



“A New Landscape Unfolds: Supreme Court Oral Arguments in the 2022-2023 Term.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 11:52 AM by Howard Bashman



“The Problem with Planned Parenthood: Many abortion providers feel that the organization is too cautious and too corporate — forcing independent clinics to take the biggest risks.” Eyal Press has this article in the May 15, 2023 issue of The New Yorker.

Posted at 11:50 AM by Howard Bashman



Sunday, May 7, 2023

“Judicial Notice (05.05.23): A Hot Mess; 130 lawyers leave a Biglaw firm, the feds lose a high-profile prosecution, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:32 PM by Howard Bashman



“Supremely Arrogant”: Columnist Maureen Dowd has this essay in the Sunday Review section of today’s edition of The New York Times.

Posted at 8:27 PM by Howard Bashman



“What Conservatives Can’t Say About Clarence Thomas”: Eric Levitz has this post at the “Intelligencer” blog of New York magazine.

Posted at 8:15 PM by Howard Bashman



Saturday, May 6, 2023

“Joan Biskupic on ‘Nine Black Robes'”: You can access the new episode of the National Constitution Center’s “We the People” podcast via this link.

Posted at 12:50 PM by Howard Bashman



“Masterpiece Cakeshop owner wants Colorado Supreme Court to take up case on gender transition cake request; Jack Phillips, the owner of Masterpiece Cake Shop, who refused to create a cake recognizing a gender transition, claims his concerns are rooted in his freedom of speech”: Jessica Crawford of ABC News affiliate Denver 7 has this report.

Posted at 12:44 PM by Howard Bashman



“Left-wing protesters return to Supreme Court justices’ homes as Democrats target Clarence Thomas; US Marshals were told not to make arrests following past protests after the leaked Dobbs decision”: Joe Schoffstall of Fox News has this report.

Posted at 12:40 PM by Howard Bashman



“6 finalists named for Florida Supreme Court seat, including Tampa Bay names; Among the finalists is Judge Jared Smith, who was previously ousted by Hillsborough County voters after a controversial ruling in an abortion case”: News Service of Florida has this report.

Posted at 12:35 PM by Howard Bashman



“Do past Supreme Court cases offer clues about how the justices view ethics, transparency?” John Fritze of USA Today has this report.

Posted at 12:27 PM by Howard Bashman



Friday, May 5, 2023

“Supreme Court Stays Execution of Death Row Inmate Richard Glossip; The court acted after Oklahoma’s attorney general joined Mr. Glossip in urging it to halt the execution, which had been scheduled for May 18”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued this afternoon.

Posted at 7:22 PM by Howard Bashman



“Tightening Supreme Court Ethics Rules Faces Steep Hurdles; Revelations about Justice Clarence Thomas’s failure to disclose largess from a Republican donor have highlighted a dilemma”: Charlie Savage of The New York Times has this news analysis.

Posted at 7:09 PM by Howard Bashman



“Judge Irma Carrillo Ramirez — Nominee to the U.S. Court of Appeals for the Fifth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 7:01 PM by Howard Bashman



“What I Learned from Justice Stevens’ Papers on Kelo v. City of New London; There are several intersting revelations, including an unpublished dissent by Justice Antonin Scalia”: Ilya Somin has this post at “The Volokh Conspiracy.”

Posted at 12:54 PM by Howard Bashman



“Justice Thomas defenders make the case for Supreme Court ethics reform; Republicans and conservative legal activists have pointed to alleged ethical lapses from liberal justices that serve to emphasize gaps in existing rules”: Lawrence Hurley of NBC News has this report.

Devan Cole of CNN reports that “2 Supreme Court justices did not recuse themselves in cases involving their book publisher.”

And Al Weaver and Zach Schonfeld of The Hill report that “Clarence Thomas’s problems multiply at Supreme Court.”

Posted at 11:39 AM by Howard Bashman



“Justices’ quiet response to ethics crisis reveals a lesson in PR management; There’s risk in the high court staying tight-lipped as controversies unfold, some crisis management experts say”: Kierra Frazier of Politico has this report.

Posted at 11:37 AM by Howard Bashman



Thursday, May 4, 2023

“N.C. Republicans pass 12-week abortion ban, setting up showdown with governor; Gov. Roy Cooper (D) has vowed to block the measure, which was rushed through the legislature this week, but GOP leaders say they have the votes to override his veto”: Caroline Kitchener and Rachel Roubein of The Washington Post have this report.

Posted at 8:58 PM by Howard Bashman



“Senate Democrats Are Giving the Supreme Court’s Corruption a Pass; The Clarence Thomas scandals are a golden political opportunity for Dick Durbin and his Democratic colleagues; They are blowing it”: Jay Willis has this post at Balls and Strikes.

Posted at 8:55 PM by Howard Bashman