How Appealing



Monday, July 31, 2023

“State Law Should Guide Choice-Of-Law Row, Justices Told”: Jennifer Mandato of Law360 has this report (subscription required for access).

Posted at 9:24 PM by Howard Bashman



“All 15 High Court justices to convene for judicial reform law hearing; The court will hear arguments for eight petitions filed in rapid succession following the passing of the Law to Cancel the Reasonableness Standard”: Michael Starr of The Jerusalem Post has this report.

Posted at 8:22 PM by Howard Bashman



“Bruen’s Text and History Approach One Year Later: A Supreme Con.” Eric Segall has this post today at “Dorf on Law.”

Posted at 8:08 PM by Howard Bashman



“Alabama’s New Congressional Map Fits the Justices’ Ruling; It’s the voting-rights plaintiffs who are defiant; The court never ordered the creation of a second black district”: Ilya Shapiro will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 8:06 PM by Howard Bashman



“How a Book About a Supreme Court Justice Shaped a Scholar’s Career; Justice Byron White wanted his papers shredded and his nickname erased”: Tony Mauro has this post at his “The Marble Palace Blog.”

Posted at 3:21 PM by Howard Bashman



Update regarding Great Lakes v. Raiders Retreat, No. 22-500 (U.S.): As some of you may already know, I am scheduled to make my first appearance at the lectern of the U.S. Supreme Court on Tuesday, October 10, 2023 to argue for the respondent in this case. My client’s Brief for Respondent was submitted for filing today and can be accessed here.

It was my great pleasure to work with Adam Unikowsky and the entire team on this brief.

Posted at 3:02 PM by Howard Bashman



“Part 1: In 1998, a legal revolution was quietly born in Texas. It would pull America’s courts rightward. With his election as Texas attorney general, U.S. Sen. John Cornyn planted the seeds of conservatism. Gov. Greg Abbott used his tenure to cultivate them into an aggressive strain of right-wing activism aimed at driving the nation’s courts and laws to the right.” The Texas Tribune today published a three-part series written by Eleanor Klibanoff titled “Righting the Rule of Law.” You can access part one here.

Also available online are “Part 2: Texas backlash to Obama fueled conservative drive to reinterpret U.S. Constitution; Barraging the Obama administration with lawsuits, the Texas attorney general’s office wasn’t just trying to block policies; It was injecting disruptive, overtly Christian legal philosophies into the mainstream, and grooming a generation of conservative legal warriors“; and

Part 3: Under Trump, Texas’ foot soldiers became federal judges, securing a conservative stronghold in the courts; A federal judiciary full of ideological allies is helping Texas block Democratic priorities and advance right-wing legal doctrines; But the bigger prize is conservative control of the rule of law itself.”

Posted at 1:12 PM by Howard Bashman



“New Republican Majority Dooms Nominee; And White House counsel Abner Mikva isn’t happy with me”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 12:55 PM by Howard Bashman



“Triple Threat”: You can access today’s new episode of the “Divided Argument” podcast via this link. There have been three other episodes released in the past 10 days, and you can access those via this link.

Posted at 9:26 AM by Howard Bashman



“Judicial Notice (07.29.23): A Date With Destiny: Hunter Biden’s plea deal collapses (with a cameo from Latham), Trump faces a superseding indictment, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:21 AM by Howard Bashman



“38. ‘Original’ Jurisdiction and the Wyandotte Doctrine: Alaska is asking the justices not just to hear as a trial court its challenge to the EPA’s veto of the ‘Pebble Mine,’ but to overrule a 52-year-old precedent holding that the Court doesn’t have to.” Steve Vladeck has this post at his “One First” Substack site.

And, on a related note, last Friday I received a review copy of Steve’s new book, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” I should have noted this more promptly, but I have been a little preoccupied with a certain Brief for Respondent that I have due today at the U.S. Supreme Court.

Posted at 8:58 AM by Howard Bashman



Sunday, July 30, 2023

“The Legacy Dilemma: What to Do About Privileges for the Privileged? Alumni of many colleges are wrestling with whether the practice of legacy admissions should survive after the Supreme Court gutted race-based admissions programs.” Emily Cochrane, Amy Harmon, Anemona Hartocollis, and Anna Betts of The New York Times have this report.

Posted at 9:50 PM by Howard Bashman



“The Secret History of Gun Rights: How Lawmakers Armed the N.R.A.; They served in Congress and on the N.R.A.’s board at the same time; Over decades, a small group of legislators led by a prominent Democrat pushed the gun lobby to help transform the law, the courts and views on the Second Amendment.” Mike McIntire has this front page article in today’s edition of The New York Times.

Posted at 9:44 PM by Howard Bashman



“Alabama Is Defying the Supreme Court on Voting Rights; The state’s refusal to comply has been met with a revealing silence on the right”: Adam Serwer has this essay online at The Atlantic.

Posted at 8:44 PM by Howard Bashman



“In Israel, High Stakes for High Court: Democracy’s Fate; From Hungary to India to Brazil, how judges responded to attacks on their independence helped decide whether would-be autocrats prevailed in constraining the courts.” Emily Bazelon of The New York Times has this report.

Posted at 8:40 PM by Howard Bashman



“No, Justice Alito. Congress should not butt out on Supreme Court ethics.” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 8:37 PM by Howard Bashman



“Judge’s Fictional Thriller Sparks Real-Life Courtroom Drama; Plot featuring crooked hedge-funder inspires actual financier to try to get jurist booted off case”: Erin Mulvaney will have this front page article in Monday’s edition of The Wall Street Journal.

Posted at 8:14 PM by Howard Bashman



“Reluctant to Retire, Leaders Raise a Tough Question: How Old Is Too Old? Two troubling moments involving Senators Dianne Feinstein and Mitch McConnell thrust questions about aging in office out of Congress and into the national conversation.” Lisa Lerer and Reid J. Epstein had this Politico Memo in yesterday’s edition of The New York Times.

Posted at 8:10 PM by Howard Bashman



Saturday, July 29, 2023

“Clarence Thomas Created a Confusing New Rule That’s Gutting Gun Laws; New research indicates that last year’s Bruen case has gutted more than a dozen gun laws”: Online at Politico Magazine, Matt Valentine has this Q&A with law professor Jacob Charles.

Posted at 1:14 PM by Howard Bashman



Friday, July 28, 2023

“Leonard Leo’s Slippery Trick for Dodging the Scrutiny of Congress: The Federalist Society’s leader is hoping to pluck a ‘get out of jail free’ card from Donald Trump’s back pocket.” Matt Ford of The New Republic has this report.

Posted at 9:38 PM by Howard Bashman



“The Supreme Court Is on Recess, but the Shadow Docket Never Sleeps; A fraught execution, a controversial gas pipeline and now a showdown over new ‘ghost gun’ regulations are keeping the justices busy”: Jimmy Hoover of The National Law Journal has this report.

Posted at 9:27 PM by Howard Bashman



“Major Questions Or Lax Parents? Would you let a babysitter take your kids on a two-day road trip to an amusement park without express authorization?” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:18 PM by Howard Bashman



“Throwback Thursday: Insurance Corp. of Ireland v. Compagnie des Bauxites.” Maggie Gardner has this post at the “Transnational Litigation Blog.”

Posted at 9:06 PM by Howard Bashman



“Samuel Alito, the Supreme Court’s Plain-Spoken Defender; He has emerged as an important justice with a distinctive interpretive method that is pragmatic yet rooted in originalism and textualism”: David B. Rivkin Jr. and James Taranto will have this new installment of The Weekend Interview in tomorrow’s edition of The Wall Street Journal.

Posted at 8:50 PM by Howard Bashman



Thursday, July 27, 2023

“The Unnecessary Major Questions Doctrine; When it comes to restraining executive agencies, traditional interpretive canons could do nearly as well as the MQD without departing from originalism”: Mike Rappaport has this post at the “Law & Liberty” blog.

Posted at 10:25 PM by Howard Bashman



“Georgia-Pacific’s ‘Texas two-step’ pits state AGs against U.S. Chamber”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 9:38 PM by Howard Bashman



“Judicial Nomination Process Leads to a Supreme Court of Nobodies”: Philip Allen Lacovara has this essay online at Bloomberg Law.

Posted at 9:30 PM by Howard Bashman



“With latest batch of judicial nominees, Biden has put forward 180 people for the federal bench”: Tierney Sneed of CNN has this report.

Nate Raymond of Reuters reports that “Biden nominates 2 US Navy Reserve officers to federal appeals courts.”

Andrew Bahl of The Topeka Capital-Journal reports that “Joe Biden taps Kansas federal public defender, military judge for appeals court seat.”

And Avalon Zoppo of The National Law Journal reports that “Biden Nominates Public Defender to Long Vacant 10th Circuit Seat; The president also names a magistrate judge for a seat on the Seventh Circuit.”

The White House today issued a news release titled “President Biden Names Thirty-Sixth Round of Judicial Nominees.”

Posted at 8:52 PM by Howard Bashman



“Should Hotel Chains Be Held Liable for Human Trafficking? For decades, franchised hotels have been a common scene of sex-trafficking crimes in the U.S.; A new legal strategy is targeting the corporations that collect royalties from them.” Bernice Yeung has this report online at The New Yorker.

Posted at 8:36 PM by Howard Bashman