How Appealing



Thursday, May 4, 2023

“Senate Republicans Oppose Clinton’s Terrible Eleventh Circuit Pick; Nomination of Rosemary Barkett contradicts Clinton’s tough-on-crime rhetoric”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 8:48 PM by Howard Bashman



“Misreading the Court: Biskupic’s caricatures of originalist justices and decisions may mislead casual observers, but they offer little insight for those who follow the court.” John O. McGinnis has this book review post at the “Law & Liberty” blog.

Posted at 8:44 PM by Howard Bashman



“Clarence Thomas should get out his checkbook and reimburse Harlan Crow”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 8:34 PM by Howard Bashman



“Husband Sued Over His Ex-Wife’s Abortion; Now Her Friends Are Suing Him; A Texas man says text messages on his ex-wife’s phone show the women helped her obtain an abortion; The women say he invaded their privacy”: Emily Bazelon of The New York Times has this report.

Posted at 8:25 PM by Howard Bashman



“Judicial activist directed fees to Clarence Thomas’s wife, urged ‘no mention of Ginni’; Leonard Leo told GOP pollster Kellyanne Conway to bill nonprofit, then use money to pay spouse of Supreme Court justice”: Emma Brown, Shawn Boburg, and Jonathan O’Connell have this report.

Posted at 8:11 PM by Howard Bashman



“The aggrieved Justice Alito points fingers but offers no proof”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 4:21 PM by Howard Bashman



“Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition. Crow paid for private school for a relative Thomas said he was raising ‘as a son.’ ‘This is way outside the norm,’ said a former White House ethics lawyer.” Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica have this report.

Posted at 11:56 AM by Howard Bashman



Wednesday, May 3, 2023

“25. Judicial Independence vs. Judicial Accountability; The debate over whether individual Justices have behaved appropriately in specific cases underscores why it’s so important for the Supreme Court as an institution to be more accountable.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:40 PM by Howard Bashman



“Mandatory Retirement? Cognitive Assessments? Probe Into Judge’s Fitness Spurs Debate Over Life Tenure; Pauline Newman’s case also addresses the difficulty of telling older judges when they have lost more than a step.” Avalon Zoppo of The National Law Journal has this report.

Posted at 9:37 PM by Howard Bashman



“Justice O’Connor created the framework and the heart of the language for Chief Justice Rehnquist’s concurring opinion in Bush v. Gore”: Derek Muller has this post at the “Election Law Blog.”

Posted at 9:35 PM by Howard Bashman



“From The Classroom To The Courtroom: An Interview With Neal Katyal; A law professor turned Supreme Court advocate, the former Acting Solicitor General has argued more SCOTUS cases than any other minority lawyer.” You can access today’s new episode of David Lat’s “Original Jurisdiction” podcast via this link.

Posted at 9:14 PM by Howard Bashman



“US appeals court halts midnight filings over lawyers’ objections”: Andrew Goudsward of Reuters has a report that begins, “A federal appeals court on Tuesday adopted a proposal that would require most legal briefs and other court documents to be submitted by 5 p.m. on the day they are due, putting an end to the practice of lawyers and paralegals working until midnight to complete filings.”

Posted at 12:57 PM by Howard Bashman



“Sheldon Whitehouse vs. the Supreme Court: One witness dismantles the Senator’s plan to control the Justices.” This editorial appears in today’s edition of The Wall Street Journal.

Posted at 12:45 PM by Howard Bashman



“The Supreme Court’s Ethics Issues Are Not All Created Equal; But it’s the justices’ own fault that they’re all lumped together”: Dahlia Lithwick and Mark Joseph Stern have this Jurisprudence essay online at Slate.

Posted at 12:43 PM by Howard Bashman



“The justices’ ethics are to blame for the court’s legitimacy problems”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 12:40 PM by Howard Bashman



“Once-private SCOTUS files reveal how the justices were concerned about not appearing political in Clinton v. Jones case”: Devan Cole of CNN has this report.

Posted at 10:22 AM by Howard Bashman



Tuesday, May 2, 2023

“What the Supreme Court Does in the Shadows: Unsigned, unexplained orders have reshaped American law.” Adam Serwer has this article online at The Atlantic.

Posted at 9:40 PM by Howard Bashman



“Judge Ana de Alba — Nominee to the U.S. Court of Appeals for the Ninth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 8:57 PM by Howard Bashman



“New documents show how Sandra Day O’Connor helped George W. Bush win the 2000 election”: Joan Biskupic of CNN has this report.

Posted at 8:30 PM by Howard Bashman



“Third Circuit Adopts Early Filing Deadline Despite Dissent”: Lydia Wheeler of Bloomberg Law has this report.

The “dissent” mentioned in the headline refers to opposition that the court received from practitioners during the notice and comment period. Today’s Third Circuit order adopting the rule change does not note any dissents.

Posted at 8:20 PM by Howard Bashman



“Deep divide at Supreme Court ethics hearing, despite some GOP calls for action; Questions over disclosures and potential conflicts have weakened public approval of the justices, prompting new scrutiny”: Ann E. Marimow and Robert Barnes of The Washington Post have this report.

And Josh Gerstein and Katherine Tully-McManus of Politico report that “GOP senators call on Supreme Court to ‘update’ ethics oversight; While Republicans at the Senate Judiciary Committee hearing focused on the high court’s ethics mostly called it a partisan spectacle, some acknowledged justices needed to take action.”

Posted at 8:05 PM by Howard Bashman



“If Justice Alito Doesn’t Have Enough Evidence to Name the Dobbs Leaker, Maybe He Shouldn’t Say He Knows Who It Was”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 5:36 PM by Howard Bashman



“Why Harlan Crow Purchased Clarence Thomas’s Mother’s Home; The transaction was conducted ethically — but the Left’s attacks on Justice Thomas have nothing to do with ethics”: Mark Paoletta has this essay online at National Review.

Posted at 5:30 PM by Howard Bashman



“Windfall tax seizure case in Michigan deepens appellate split on class standing issue”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 5:26 PM by Howard Bashman



U.S. Court of Appeals for the Third Circuit adopts “amended rules [that] create a uniform 5:00 p.m. E.T. deadline for filings (electronic and otherwise) and will become effective on July 1, 2023.” You can access the press release and the order.

Posted at 5:16 PM by Howard Bashman



“Release of Justice Stevens’s Private Papers Opens Window Into Supreme Court; The justice’s files on thousands of cases, including landmark decisions on abortion and the 2000 election, were made public”: Adam Liptak of The New York Times has this report.

Posted at 5:10 PM by Howard Bashman



“Is the Debt Limit Constitutional? Biden Aides Are Debating It. As the government heads toward a possible default on its debt as soon as next month, officials are entertaining a legal theory that previous administrations ruled out.” Jim Tankersley of The New York Times has this report.

Posted at 5:00 PM by Howard Bashman