How Appealing



Tuesday, August 22, 2023

“Thoughts on the Respondent’s Brief in Great Lakes“: John F. Coyle has this post at the “Transnational Litigation Blog.”

I will be arguing this case on respondent’s behalf at the U.S. Supreme Court on October 10, 2023.

Posted at 9:08 AM by Howard Bashman



Monday, August 21, 2023

“Supreme Court Is Asked to Hear a New Admissions Case on Race; Parents, backed by a legal foundation, say admissions standards at Thomas Jefferson High School in Virginia are not truly ‘race neutral’”: Stephanie Saul and Adam Liptak of The New York Times have this report.

Posted at 10:06 PM by Howard Bashman



“Transgender Care Ban Allowed to Take Effect in Alabama, Appeals Panel Says; States defending transition care bans for minors have had success in the courts recently after a series of early victories for transgender rights advocates”: Mitch Smith of The New York Times has this report.

John Fritze of USA Today reports that “Federal appeals court allows Alabama to enforce ban on gender-affirming care for minors.”

Valerie Richardson of The Washington Times reports that “Appeals court allows Alabama to enforce ban on gender-transition drugs for minors; Appellate court lifts block on 2022 law barring puberty blockers, cross-sex hormones for under 19.”

Kim Chandler of The Associated Press reports that “Alabama can enforce ban on puberty blockers and hormones for transgender children, court says.”

Nate Raymond and Brendan Pierson of Reuters report that “Court revives Alabama ban on transgender youth treatment, judge blocks Georgia law.”

And Mary Anne Pazanowski of Bloomberg Law reports that “Alabama Transgender Care Ban Reinstated by Eleventh Circuit.”

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

Posted at 9:00 PM by Howard Bashman



“The Family Roe: Joshua Prager on his epic investigation of ‘An American Story’ — the complex life and family background of Norma McCorvey (aka Jane Roe in Roe v. Wade).” You can access the most recent episode of Slate’s “Amicus” podcast via this link.

Posted at 2:10 PM by Howard Bashman



“The Aesthetic Enjoyment of Other People’s Uteruses”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 2:08 PM by Howard Bashman



“The case for optimism about the Supreme Court; There are some terrible things that even this Supreme Court isn’t willing to do”: Ian Millhiser has this essay online at Vox.

Posted at 2:06 PM by Howard Bashman



“The Worst Trump Judge in America is Amul Thapar; This Summer, Judge Amul Thapar published a fawning ode to . . .Clarence Thomas”: James LaRock has this post at Balls and Strikes.

Posted at 2:04 PM by Howard Bashman



“The Fifth Circuit’s mifepristone opinion is wrong; Part 2 of 2: The merits.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 10:06 AM by Howard Bashman



Saturday, August 19, 2023

“We Just Got a Hint About Conservatives’ New Supreme Court Strategy on Abortion”: Law professor Mary Ziegler has this Jurisprudence essay online at Slate.

Also online at Slate, law professors David S. Cohen, Greer Donley, and Rachel Rebouche have a Jurisprudence essay titled “The 5th Circuit’s New Abortion Pill Ruling Targets Patients Directly.”

And David Coale has a Jurisprudence essay titled “The 5th Circuit Is Learning From Its Supreme Court Smackdowns.”

Posted at 10:14 PM by Howard Bashman



“UVA Law Community Welcomes New Students; U.S. Judge Toby Heytens ’00 Shares Powerful Story of Friendship”: Melissa Castro Wyatt of the University of Virginia School of Law has this report.

Posted at 10:07 PM by Howard Bashman



“Planned Parenthood focusing on Pennsylvania’s Supreme Court race in new ad”: Cassie Miller of Pennsylvania Capital-Star has this report.

Posted at 10:04 PM by Howard Bashman



“Why the latest abortion pill ruling has enviros rolling their eyes; Courts have said that people who like plants and animals can sue when wildlife is harmed; People who ‘delight’ in fetuses should have the same right, a Trump-appointed judge wrote”: Pamela King of Politico has this report.

Posted at 10:02 PM by Howard Bashman



“Labor and civil rights attorney Aruna Masih named to Oregon Supreme Court; Aruna Masih will be the first Indian American and South Asian justice on the state’s high court”: Conrad Wilson of Oregon Public Broadcasting has this report.

Posted at 9:58 PM by Howard Bashman



“Supreme Court dissent sparks new threat for False Claims Act suits”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 9:53 PM by Howard Bashman



“First Circuit Allows Police Officer Pseudonymity in Federal Lawsuit Over ‘Exculpatory Evidence List’ Placement; I had asserted the contrary, arguing that the state allowance of pseudonymity in trying to get removal from the list didn’t justify pseudonymity in a federal court lawsuit seeking damages for such placement; but the court disagreed”: Eugene Volokh has this post at “The Volokh Conspiracy” about a ruling that the U.S. Court of Appeals for the First Circuit issued Wednesday.

Posted at 9:35 PM by Howard Bashman



“The Liberal Case for Celebrating the Supreme Court’s Last Term: Instead of greeting the most recent set of decisions from the Roberts Court with downcast disses, critics should recognize — and celebrate — the way they influenced the results.” Simon Lazarus has this essay online at The New Republic.

Posted at 9:28 PM by Howard Bashman



Friday, August 18, 2023

“What ProPublica’s Latest Hit Piece Gets Wrong: Among other errors, it wrongly places Clarence Thomas in the Bahamas and overestimates the value of a football ticket by three orders of magnitude.” Mark Paoletta has this essay online at The Wall Street Journal.

Posted at 9:18 PM by Howard Bashman



“How the Supreme Court Could Ban the Abortion Pill: A conservative judge advanced a new legal theory in the recent mifepristone ruling; But will it prove to be too radical for the high court?” Matt Ford has this essay online at The New Republic.

Posted at 5:50 PM by Howard Bashman



“From Ginsburg and Breyer to the Present: A long view of how and why Supreme Court confirmation process has changed.” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 5:41 PM by Howard Bashman



“The Fifth Circuit’s mifepristone opinion is wrong; Part 1 of 2: Standing.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 4:46 PM by Howard Bashman



“Supreme Court, mired in controversy, could wade into Trump indictments. Here’s how it could happen.” John Fritze of USA Today has this report.

Posted at 4:44 PM by Howard Bashman



Thursday, August 17, 2023

“Exclusive Interview with Judge Pauline Newman’s Attorney Greg Dolin”: Earlier this month, the Clause 8 podcast posted this episode.

Posted at 9:52 PM by Howard Bashman



Wednesday, August 16, 2023

“The Worst Trump Judge in America is Kyle Duncan: The judge who turned a student protest into a national story.” James LaRock recently had this post at Balls and Strikes.

Posted at 9:50 PM by Howard Bashman



“2nd Amendment Doesn’t Apply to Domestic Abusers, Solicitor General Tells Supreme Court; The U.S. government’s appeal marks the first major test of the high court’s landmark ‘Bruen’ decision on the right to keep and bear arms”: Jimmy Hoover of The National Law Journal has this report.

You can access the federal government’s opening brief at this link.

Posted at 9:06 PM by Howard Bashman



“Foreign banks urge Supreme Court to skip case over commodities law’s reach”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 8:53 PM by Howard Bashman



“Complaint filed over US judge’s ‘strange’ Southwest religious liberty training order”: Nate Raymond of Reuters has this report.

Posted at 8:46 PM by Howard Bashman



“Georgia Supreme Court removes appeals judge from office”: Shaddi Abusaid and Bill Rankin of The Atlanta Journal-Constitution have this report.

Dave Williams of The Rome News-Tribune reports that “Georgia Supreme Court removes suspended judge from Court of Appeals.”

And David Thomas of Reuters reports that “Georgia Supreme Court removes appeals judge over ethics violations.”

You can access today’s unanimous per curiam ruling of the Supreme Court of Georgia at this link.

Posted at 8:21 PM by Howard Bashman



“Ruth Marcus’ Alito Attack Is Grossly Hypocritical Considering Her Endorsement Of Nina Totenberg’s Work”: Mark Paoletta has this post at The Federalist.

Posted at 5:11 PM by Howard Bashman