How Appealing



Monday, June 26, 2023

Coinbase Holds that §16 Appeals Require a Stay; The Supreme Court held that the filing of a §16 appeal from the denial of arbitration requires staying district court proceedings”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 11:20 AM by Howard Bashman



“Behind the Scenes of Justice Alito’s Unprecedented Wall Street Journal Pre-buttal: The Journal editorial page accused ProPublica of misleading readers in a story that hadn’t yet been published.” Jesse Eisinger and Stephen Engelberg of ProPublica have this report.

Posted at 10:40 AM by Howard Bashman



“Conservative Fifth Circuit Is Stumbling at US Supreme Court”: Lydia Wheeler and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 10:38 AM by Howard Bashman



“A son died, his parents tried to sue. How U.S. courts protect Big Pharma. Merck’s best-selling asthma medicine, Singulair, has been linked for years to suicides and psychiatric problems, often in children. But lawsuits over the drug are stymied by one of Corporate America’s most effective liability shields: the doctrine of federal preemption.” Dan Levine, Robin Respaut, Kristina Cooke, Mike Spector, and Benjamin Lesser of Reuters have this special report.

Posted at 10:25 AM by Howard Bashman



“Fighting for trust: The painful journey of the Supreme Court after Dobbs; Threats abounded as the high court faced constant security challenges, a blistering leak investigation and wounding ethics scandals while struggling to find a new balance.” Josh Gerstein of Politico has this report.

Posted at 10:22 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two cases.

And in Waleski v. Montgomery, McCracken, Walker & Rhoads, LLP, No. 22-914, Justice Clarence Thomas issued a dissent, in which Justices Neil M. Gorsuch and Amy Coney Barrett joined, from the denial of certiorari.

Posted at 9:32 AM by Howard Bashman



Sunday, June 25, 2023

“Judicial Notice (06.24.23): Hunter And Fishing; United States v. Hunter Biden, Justice Alito v. ProPublica, Biglaw v. incoming associates, and other legal news from the week that was.” David Lat has this post at his “Advisory Opinions” Substack site.

Posted at 10:14 PM by Howard Bashman



“Sometimes you just have to muddle through; Talevski and the victory of multi-factor tests”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 10:07 PM by Howard Bashman



“They Fought a Pipeline on Their Land. Then Congress Got Involved. Debt-ceiling law gave a green light to the Mountain Valley Pipeline backed by Sen. Joe Manchin.” David Harrison will have this article in Monday’s edition of The Wall Street Journal.

Posted at 9:14 PM by Howard Bashman



Friday, June 23, 2023

“Supreme Court, consider justice sponsorship!” Columnist Alexandra Petri has this essay online at The Washington Post.

Posted at 8:20 PM by Howard Bashman



“Democracy Vindicates Alito on Abortion; The issue is helping Democrats for now, as the people decide”: This editorial will appear in Saturday’s edition of The Wall Street Journal.

Posted at 7:46 PM by Howard Bashman



“What a Year in Post-Roe America Reveals About Abortion; Support for at least some measure of rights, even in red states, has scrambled political dynamics and divided abortion opponents; Kansas ‘was the first alarm bell'”: Laura Kusisto of The Wall Street Journal has this report.

Posted at 7:44 PM by Howard Bashman



“Trump coup plotter John Eastman is finally facing real accountability”: Columnist Greg Sargent has this op-ed online at The Washington Post.

Posted at 5:47 PM by Howard Bashman



“An Abortion Clinic One Year Later: After the fall of Roe v. Wade, North Dakota’s Red River Women’s Clinic moved two miles away, into Minnesota and a new political reality.” Emily Witt of The New Yorker has this report.

Posted at 5:40 PM by Howard Bashman



“The Worst Trump Judge in America is Lawrence VanDyke; The federal judge the ABA called ‘arrogant,’ ‘lazy’ and ‘lacking in knowledge.'” James LaRock has this post at Balls and Strikes.

Posted at 12:42 PM by Howard Bashman



“‘The Most Liberal Judge’ Has Died; The decision to release boxer Rubin ‘Hurricane’ Carter was met with intense and long-lasting opposition from many, said Bruce Rosen, an attorney at Pashman Stein Walder Hayden who was hired as a law clerk for the judge to help on the Carter case”: Charles Toutant of New Jersey Law Journal has this report.

Posted at 12:38 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in four argued cases.

1. Justice Amy Coney Barrett delivered the opinion of the Court in United States v. Hansen, No. 22-179. Justice Clarence Thomas issued a concurring opinion. And Justice Ketanji Brown Jackson issued a dissenting opinion, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.

2. Justice Brett M. Kavanaugh delivered the opinion of the Court in United States v. Texas, No. 22-58. Justice Neil M. Gorsuch issued an opinion, in which Justices Thomas and Barrett joined, concurring in the judgment. Justice Barrett issued an opinion, in which Justice Gorsuch joined, concurring in the judgment. And Justice Samuel A. Alito, Jr. issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Kavanaugh also delivered the opinion of the Court in Coinbase, Inc. v. Bielski, No. 22-105. And Justice Jackson issued a dissenting opinion, in which Justices Sotomayor and Elena Kagan joined in full and Justice Thomas joined in large measure. You can access the oral argument via this link.

4. And Justice Thomas delivered the opinion of the Court in Samia v. United States, No. 22-196. Justice Barrett issued an opinion concurring in part and concurring in the judgment. Justice Kagan issued a dissenting opinion, in which Justices Sotomayor and Jackson joined. And Justice Jackson issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman



Thursday, June 22, 2023

“‘Incalculable’ impact: Three ways the Supreme Court abortion decision changed the USA.” John Fritze of USA Today has this report.

Geoff Mulvihill, Kimberlee Kruesi, and Claire Savage of The Associated Press have a report headlined “A year after fall of Roe, 25 million women live in states with abortion bans or tighter restrictions.”

And Susan Ferrechio of The Washington Times has a report headlined “A year after Supreme Court ruling on abortion, Republicans look to quell political backlash.”

Posted at 9:34 PM by Howard Bashman



“Samuel Alito, Paul Singer and Obergefell v. Hodges; If the Supreme Court justice really wanted to curry favor with the billionaire, he would have supported gay marriage”: Ira Stoll will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 9:21 PM by Howard Bashman



“The People’s Justice: Clarence Thomas and the Constitutional Stories that Define Him.” The Heritage Foundation has posted on YouTube this video of this event from yesterday.

Posted at 8:30 PM by Howard Bashman



“Court says former judge Posner should face some claims in wage case”: Jacqueline Thomsen of Reuters has a report that begins, “Former U.S. Circuit Judge Richard Posner should have to face some claims in a lawsuit filed by an Indiana man who says he is owed $170,000 for working at a short-lived center for self-represented litigants founded by the prominent jurist, a magistrate judge said.”

Posted at 8:02 PM by Howard Bashman



“Abortion in Florida remains in limbo until conservative state high court ruling; The state’s Supreme Court will act on a legal challenge that will decide the fate of abortion access”: Gary Fineout of Politico has this report.

Posted at 7:58 PM by Howard Bashman



“Race-Based Affirmative Action Is Over. Corporate Diversity Could Be Next. The Supreme Court’s imminent ruling will directly affect only colleges, but companies will feel the consequences, too.” Kelsey Butler of Bloomberg Businessweek has this report.

Posted at 7:47 PM by Howard Bashman



“Samuel Alito and the Billionaire: Pre-butting his bought-and-paid-for Alaskan fishing adventure story in the Wall Street Journal is . . . a choice.” Slate released this bonus episode of its “Amicus” podcast featuring Dahlia Lithwick yesterday.

Posted at 2:51 PM by Howard Bashman