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