How Appealing



Thursday, August 31, 2023

“Clarence Thomas Enlists Lawyer to Fight ‘Political Blood Sport’”: Kimberly Strawbridge Robinson and Lydia Wheeler of Bloomberg Law have this report.

You can access the attorney’s statement — titled “Elliot S. Berke Releases Statement on Behalf of Client Justice Clarence Thomas” — at this link.

Posted at 10:30 PM by Howard Bashman



“Infamous War Crimes Enthusiast: Clarence Thomas Is Good, Actually; Many of the justice’s former clerks urging the public to trust the justice have their own histories of untrustworthy judgment.” Madiba K. Dennie has this post at Balls and Strikes.

Posted at 10:26 PM by Howard Bashman



“In a small Rhode Island town, a big issue about the First Amendment; Legal ads bring a lot of revenue to little local newspapers; What happens when local politicians pull them?” Amanda Milkovits of The Boston Globe has this report.

Posted at 10:24 PM by Howard Bashman



“Chief Justice Burger’s Law Clerks Will Gather Again; Warren E. Burger’s clerks — dubbed the ‘WEB Fete Society’ — will reunite at the high court in October”: Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”

Posted at 10:20 PM by Howard Bashman



“Alabama can prosecute those who help women travel for abortion, attorney general says”: Amy Yurkanin of Alabama Media Group has this report.

Posted at 10:15 PM by Howard Bashman



“Justice Thomas Reports Private Trips With Harlan Crow; Justices Clarence Thomas and Samuel A. Alito Jr. had asked for extensions on their annual forms that show travel, gifts and other financial information”: Abbie VanSickle of The New York Times has this report.

Ann E. Marimow and Emma Brown of The Washington Post report that “Justice Thomas details jet travel, property deal with billionaire; Supreme Court justice reports three trips on Harlan Crow’s private jet in 2022, says one was for security reasons after leak of abortion ruling.”

Jess Bravin of The Wall Street Journal reports that “Clarence Thomas Fires Back at Allegations of Ethical Breaches; Supreme Court justice’s lawyer says critics are ‘motivated by hatred for his judicial philosophy.’

John Fritze of USA Today reports that “Clarence Thomas discloses more private jet travel paid for by GOP megadonor Harlan Crow.”

Alex Swoyer of The Washington Times reports that “Supreme Court Justice Thomas reveals 3 trips with billionaire Harlan Crow in new filing.”

And in commentary, in Friday’s edition of The Wall Street Journal, columnist James Taranto will have an op-ed titled “Clarence Thomas Discloses, the Media Opposes; The justice’s 2022 filing confirms the Journal’s debunking of ProPublica’s botched April story.”

Posted at 9:40 PM by Howard Bashman



“Natural Law and Popular Sovereignty: A Response to My Anonymous Critic; Another critique fails to establish a divergence between originalism and natural law.” Law professor J. Joel Alicea has this essay online at National Review.

Posted at 1:32 PM by Howard Bashman



“Pa. Justices Remand ‘Mallory’ to Trial Court, Registration Statute Uncertainty Expected to Linger; The Tuesday ruling shut down the defendants’ bid for a fast-tracked examination of whether or not the consent by registration statute violates the U.S. Constitution’s dormant Commerce Clause — a question that draws a concurring opinion from Justice Samuel Alito Jr. suggesting the statute may overly restrict interstate commerce”: Aleeza Furman of The Legal Intelligencer has this report on a per curiam order that the Supreme Court of Pennsylvania issued Tuesday.

Posted at 1:11 PM by Howard Bashman



“The Supreme Court Is Infected With the ‘Most Damaging’ Human Bias; It’s not the justices’ politics that are making them unpopular; It’s their overconfidence”: Law professor Aaron Tang has this essay online at Politico Magazine.

Posted at 1:05 PM by Howard Bashman



“Clarence Thomas officially discloses private trips on GOP donor Harlan Crow’s plane”: Ariane de Vogue of CNN has this report.

You can access the Financial Disclosure Report for Calendar Year 2022 of Justice Clarence Thomas at this link.

Posted at 10:34 AM by Howard Bashman



Wednesday, August 30, 2023

“Case closed? Supreme Court silent after Thomas luxury travel raised ethics scandal; A push by Senate Democrats to require a Supreme Court code of ethics has devolved into a partisan fight; The court itself doesn’t seem to be in a hurry to make changes.” John Fritze of USA Today has this report.

Posted at 9:42 PM by Howard Bashman



“Third Circuit Nixes Suit Challenging Pa. Disciplinary Board’s Anti-Bias Rules; The ruling clears the way for the state Disciplinary Board to begin enforcing the new rules, which seek to prohibit harassment and discrimination in the practice of law”: Max Mitchell of The Legal Intelligencer has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.

Posted at 9:24 AM by Howard Bashman



“Speaker Robin Vos keeps open option of impeaching newly elected Justice Janet Protasiewicz”: Jessie Opoien and Bill Glauber of The Milwaukee Journal Sentinel have this report.

Posted at 9:02 AM by Howard Bashman



Tuesday, August 29, 2023

“After Supreme Court Forces Its Hand, E.P.A. Curbs Wetlands Protection; The agency curtailed pollution protections for millions of streams, wetlands and other bodies of water to comply with a Supreme Court decision”: Lisa Friedman and Coral Davenport of The New York Times have this report.

Posted at 9:32 PM by Howard Bashman



“Trump’s Free Speech Runs Up Against Courtroom Decorum; Judges face uncharted territory in deciding whether a presidential candidate’s remarks flout rules protecting a fair and orderly trial”: Byron Tau of The Wall Street Journal has this report.

Posted at 9:14 PM by Howard Bashman



“Challengers to Alabama’s felony ban on trans care for minors will seek full appeals court review; The decision puts off going to the Supreme Court immediately; It also means the district court injunction barring enforcement of the hormone therapy ban will remain in effect for now”: Chris Geidner has this post at his Substack site.

Posted at 8:52 PM by Howard Bashman



“Over 100 former clerks of Justice Thomas sign open letter defending his integrity, independence; 112 of Justice Thomas’ former clerks say news stories attacking him are ‘part of larger attack on the Court’ and its ‘legitimacy’”: Brianna Herlihy of Fox News has this report.

You can view the letter at this link.

Update: In other coverage, Zoë Richards and Lawrence Hurley of NBC News report that “Recently indicted John Eastman is among those vouching for Clarence Thomas’ integrity; Eastman was indicted in Georgia in connection with efforts to keep former President Donald Trump in office after his 2020 election loss; He also faces disbarment proceedings.”

Posted at 8:34 PM by Howard Bashman



Monday, August 28, 2023

“How Schools Flout the Supreme Court’s Affirmative-Action Ruling; A Virginia high school uses race proxies to lower the number of Asian-Americans”: Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 9:57 PM by Howard Bashman



“Appeals court OKs ‘common benefit’ fees in Bard IVC filter litigation. Next stop Supreme Court?” Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 9:34 PM by Howard Bashman



“42. The Switch in Time That Saved Nine: The conventional view is that FDR’s 1937 ‘court-packing’ plan failed; But his attacks on the Supreme Court may have had a lot to do with one of the most consequential doctrinal shifts in its history.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:30 AM by Howard Bashman



“Judicial Notice (08.26.23): This Means War; Trump’s latest celebrity lawyer, lawsuits against three top Biglaw firms, another Cravath partner departure, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:22 AM by Howard Bashman



“Progressive Prejudice Against the Judiciary; Now the left goes after conferences attended by conservative judges—and our columnist Kimberley Strassel”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 9:58 AM by Howard Bashman



Sunday, August 27, 2023

“Justice Natalie Hudson will be first Black chief of Minnesota Supreme Court; Gov. Walz also named his former general counsel Karl Procaccini to the state’s highest bench Wednesday”: Rochelle Olson of The Minneapolis Star Tribune has this report.

Posted at 10:08 PM by Howard Bashman



“Qualified Immunity Faces an Existential Threat at the Supreme Court; A judicial doctrine that has denied justice to an untold number of plaintiffs may be founded on a centuries-old scrivener’s error”: Matt Ford of The New Republic has this report.

Posted at 10:05 PM by Howard Bashman