How Appealing



Thursday, July 20, 2023

“1994 Republican Senate Candidates Fight on Judges; Unlearning the wrong lesson from Judge Bork’s defeat”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 5:43 PM by Howard Bashman



“Influential activist Leonard Leo helped fund media campaign lionizing Clarence Thomas”: Shawn Boburg, Emma Brown,and Ann E. Marimow of The Washington Post have this report.

Posted at 5:41 PM by Howard Bashman



“Pa. High Court Adopts Per-Defendant Calculation of Punitive-to-Compensatory Damages Ratio”: Aleeza Furman of The Legal Intelligencer has this report on a ruling that the Supreme Court of Pennsylvania issued yesterday.

The decision consists of a majority opinion and four concurring opinions (here, here, here, and here). For those keeping score, that means that only Chief Justice Debra Todd refrained from issuing an opinion in the case.

At “The Volokh Conspiracy,” Eugene Volokh has related blog posts titled “A State Justice Criticizes S. Ct.’s Constitutional Punitive Damages Caselaw” and “More from Pa. S. Ct. Justice David Wecht on Unenumerated Rights.”

Posted at 5:21 PM by Howard Bashman



“Progressives Should Be Grateful For President Trump’s Not-So-Conservative SCOTUS Picks”: Josh Blackman has this post at “The Volokh Conspiracy,” along with related posts titled “Conservatives Should Not Be Surprised By Justice Gorsuch’s Opinion in Bostock”; “Conservatives Should Not Be Surprised By Justice Kavanaugh’s Voting Pattern With Chief Justice Roberts”; and “Conservatives Should Not Be Surprised By Justice Barrett’s Cautious Approach; Barrett was added to the SCOTUS short-list only seventeen days after she was confirmed to the Seventh Circuit.”

Posted at 5:03 PM by Howard Bashman



“We Shouldn’t Stop Talking About Justice John Marshall Harlan: Today, historical figures are held in deep suspicion, especially when cited in politics or law; But refusing to acknowledge the heroes of the past diminishes our own sense of what is possible.” Peter S. Canellos recently had this essay online at Politico Magazine.

Posted at 4:55 PM by Howard Bashman



“Are paid petitions for certiorari in decline — again?” Michael Migiel-Schwartz recently had this post at “SCOTUSblog.”

Posted at 4:51 PM by Howard Bashman



“Federal court rules in favor of Dante Mullinex’s grandmother in free-speech case”: Mike Argento of The York Daily Record has this report.

Aimee Ambrose of The York Dispatch reports that “Court sides with grandma over D.A. in Dante Mullinix free speech case.”

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Grandmother Has Right to Publish Government Documents About Investigation into Grandson’s Death; The Third Circuit holds that, once the government released the documents, it couldn’t then forbid the grandmother (or others) from publishing them.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 4:48 PM by Howard Bashman



“The Fourth Circuit Requires a Second Notice of Appeal After the Appeal Window is Reopened; The Fourth Circuit held that once the appeal window is reopened under Rule 4(a)(6), would-be appellants must file a new notice of appeal; A prior one — which the court construed as a Rule 4(a)(6) motion — was insufficient”: Bryan Lammon has this post at his “final decisions” blog about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued Monday.

Posted at 4:40 PM by Howard Bashman



“Alabama Republicans pitch congressional map with one majority-Black district, even though the Supreme Court mandated two; The state’s GOP-led Legislature has proposed a new map that would still leave Alabama with a single majority-Black district”: Char Adams of NBC News has this report.

Posted at 2:01 PM by Howard Bashman



Wednesday, July 19, 2023

“Gun control laws in California and beyond in peril as Supreme Court expands 2nd Amendment”: David G. Savage of The Los Angeles Times has this report.

Posted at 11:14 PM by Howard Bashman



“The Supreme Court Inadvertently Instituted Affirmative Action for White Men; The perverse result of the Supreme Court’s decision banning race-based admissions preferences is to give white men a leg up in getting into college”: Law professor Naomi Schoenbaum has this essay online at Politico Magazine.

Posted at 10:02 PM by Howard Bashman



“SEC punts on whether syndicated loans are securities, in closely watched appeal”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 9:55 PM by Howard Bashman



“U.S. Senate confirms Ohio’s Rachel Bloomekatz as federal circuit judge”: Sabrina Eaton of The Cleveland Plain Dealer has this report.

Andrew Goudsward and Jacqueline Thomsen of Reuters report that “US Senate confirms Ohio public interest lawyer to federal appeals court.”

John Crawley of Bloomberg Law reports that “Bloomekatz Confirmed to Sixth Circuit as Senate Clearing Backlog.”

Yesterday, the U.S. Senate voted 50-to-48 to confirm Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit.

Posted at 9:38 PM by Howard Bashman



“Six Months Into the Unexpected Democratic Senate — Assessing the Landscape of Judicial Vacancies”: Harsh Voruganti recently had this post at his blog, “The Vetting Room.”

Posted at 1:04 PM by Howard Bashman



Tuesday, July 18, 2023

“Zero-Sum Justice: Joel Anderson on Justice Clarence Thomas’ journey to his worldview, and Heather McGhee on what her work in The Sum of Us can tell us about the Supreme Court.” You can access this week’s new episode of Slate’s “Amicus” podcast with Dahlia Lithwick via this link.

Posted at 9:21 PM by Howard Bashman



“Illinois Supreme Court upholds law eliminating cash bail, sets Sept. 18 as start date for new system”: Dan Petrella, Jeremy Gorner, and Madeline Buckley of The Chicago Tribune have this report.

Matthew Hendrickson and Andy Grimm of The Chicago Sun-Times report that “Illinois set to be first state to end cash bail after state Supreme Court ruling; Landmark criminal justice reform isn’t unconstitutional, should take effect in September, justices rule Tuesday.”

Mitch Smith of The New York Times reports that “Illinois Supreme Court Upholds Measure Designed to End Cash Bail; A law ending cash bail was supported by Democratic legislators and Gov. J.B. Pritzker but challenged by prosecutors who said it would make the state less safe.”

And Mariah Timms of The Wall Street Journal reports that “Illinois Supreme Court Allows Elimination of Cash Bail; Nation’s broadest overhaul of bail rules now set to take effect in September.”

You can access today’s ruling of the Supreme Court of Illinois at this link.

Posted at 9:18 PM by Howard Bashman



“Gun Rights Battles Brew in Massachusetts in Supreme Court’s Wake; Gun rights advocates call for ‘guardrails’ on state law; Courts split on how to apply Supreme Court test”: Allie Reed of Bloomberg Law has this report.

Posted at 8:55 PM by Howard Bashman



“Harlan Crow Remains Major Republican Donor Despite Supreme Court Controversy; Crow and his wife donated the maximum amount to DeSantis; His political influence continues amid Supreme Court scandal”: Shelly Hagan and Laura Davison of Bloomberg News have this report.

Posted at 8:42 PM by Howard Bashman



“Ramaswamy’s court stunt will harness future justices to partisan goals”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 8:28 PM by Howard Bashman



Monday, July 17, 2023

“Democrats to Press Supreme Court Ethics Rules Over G.O.P. Opposition; The Senate Judiciary Committee is slated to approve new disclosure requirements, although the legislation is unlikely to advance”: Carl Hulse of The New York Times has this report.

Posted at 9:40 PM by Howard Bashman



“Pa. Supreme Court Agrees to Hear Arguments in Two Diverging COVID-19 Business Interruption Cases; According to the orders granting allocatur, the justices will hear arguments simultaneously in the two cases, in which the Pennsylvania Superior Court reached opposite conclusions regarding coverage”: Marianna Wharry of The Legal Intelligencer has this report on two orders (here and here) that the Supreme Court of Pennsylvania issued last week.

Posted at 9:36 PM by Howard Bashman



“Georgia’s top court rejects Trump’s bid to quash grand jury report”: Bill Rankin and Tamar Hallerman of The Atlanta Journal-Constitution have this report,

Danny Hakim of The New York Times reports that “Georgia Supreme Court Rejects Trump Effort to Quash Investigation; With indictment decisions imminent, the court refused to scuttle an investigation into whether the former president and his allies interfered in the 2020 election.”

Holly Bailey of The Washington Post reports that “Georgia Supreme Court rejects Trump petition to block election probe; The unanimous opinion says Trump had not proved the ‘extraordinary circumstances’ that warranted intervention by Georgia’s top court.”

Jan Wolfe and Cameron McWhirter of The Wall Street Journal report that “Georgia Supreme Court Denies Trump Motion to Block Election-Interference Investigation; Dismissal is legal win for DA’s office, which can proceed with presenting case to grand jury.”

You can access today’s order of the Supreme Court of Georgia at this link.

Posted at 8:53 PM by Howard Bashman



“Alabama Wants to Kill Jimi Barber: After a year of botched executions, the state is eager to prove that it can kill someone without incident.” Elizabeth Bruenig has this article online at The Atlantic.

Posted at 7:52 PM by Howard Bashman



“Judge temporarily blocks Iowa’s ‘fetal heartbeat’ abortion ban as court challenge continues”: Stephen Gruber-Miller of The Des Moines Register has this report.

Posted at 5:32 PM by Howard Bashman



“Trump’s Judges: More Religious Ties and More N.R.A. Memberships; A new study also found that judges appointed by the former president were more likely to vote for claims of religious freedom — unless they came from Muslims.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 10:57 AM by Howard Bashman



“How Harlan Crow Slashed his Tax Bill by Taking Clarence Thomas on Superyacht Cruises; In lavishing gifts on the Supreme Court justice, the billionaire GOP donor may have violated tax laws, according to tax experts”: Paul Kiel of ProPublica has this report.

Posted at 10:06 AM by Howard Bashman