How Appealing



Friday, August 11, 2023

“Legal Ethics Roundup No. 2 — Lawyer Co-Conspirators in a Presidential Indictment, SCOTUS v. Congress on Ethics, ABA Stifles Ethics Innovation Op-Ed & More”: Renee Knake Jefferson has this post at her new Substack site, “Legal Ethics.”

Posted at 9:46 AM by Howard Bashman



“The kingmaking Trump ally behind a cadre of rightwing judges; Aileen Cannon, the judge assigned to the documents case, is under increasing scrutiny — reflecting Leonard Leo’s impact on the US judiciary”: Adam Gabbatt of The Guardian has this report.

Posted at 9:44 AM by Howard Bashman



Thursday, August 10, 2023

“Supreme Court Blocks Purdue Pharma’s $6 Billion Sackler Opioid Settlement; The justices will examine if bankruptcy courts can force claimants to sign away their legal rights in a settlement”: Jess Bravin and Alexander Saeedy of The Wall Street Journal have this report.

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

Posted at 9:24 PM by Howard Bashman



“A Mississippi case leads US appeals court to strike down lifetime gun ban for drug users”: Margaret Baker of The Biloxi Sun Herald has this report.

Lindsay Whitehurst of The Associated Press reports that “Appeals court rules against longstanding drug user gun ban cited in Hunter Biden case.”

Nate Raymond of Reuters reports that “Drug user cannot be barred from owning guns, US court rules.”

Devan Cole of CNN reports that “Federal appeals court strikes down law prohibiting users of illegal drugs from possessing firearms.”

Chris Pandolfo of Fox News reports that “5th Circuit deals blow to federal gun statute used in Hunter Biden case; Biden faces charges in Delaware under the same statute declared unconstitutional by the 5th Circuit.”

Zach Schonfeld of The Hill reports that “Appeals court rules for man who challenged ban on illegal drug users possessing firearms.”

Kaelan Deese of Washington Examiner reports that “Federal gun law used in Hunter Biden case voided by appeals court.”

And Matthew Rice of The New York Sun reports that “Court Strikes Down Law Barring Drug Users From Possessing Firearms — the Same Charge Levied Against Hunter Biden; The decision is just one of dozens in which lower court judges have had to use new methods of historical interpretation set forth by the Supreme Court.”

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

Posted at 9:18 PM by Howard Bashman



“Supreme Court Won’t Drop ADA Tester Case, at Least for Now; The justices have denied a request to throw out as moot a pending appeal regarding ‘tester’ standing under the Americans with Disabilities Act”: Jimmy Hoover of The National Law Journal has this report.

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

Posted at 8:36 PM by Howard Bashman



“Roberts for ’24? Poll finds chief more popular than Biden, Trump despite Supreme Court woes.” John Fritze of USA Today has this report.

Posted at 8:34 PM by Howard Bashman



“Bill Clinton Abandons Peter Edelman Twice; And Edelman resigns in protest of Clinton’s welfare reform”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 8:24 PM by Howard Bashman



“Conservative Case Emerges to Disqualify Trump for Role on Jan. 6; Two law professors active in the Federalist Society wrote that the original meaning of the 14th Amendment makes Donald Trump ineligible to hold government office”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times about a forthcoming law review article written by law professors William Baude and Michael Stokes Paulsen.

Update: Relatedly, at “The Volokh Conspiracy,” Steven Calabresi has a post titled “Trump Is Disqualified from Being on Any Election Ballots.”

Posted at 8:02 PM by Howard Bashman



“Judges Attack Judicial Independence: Members of the Federal Circuit sideline a venerable colleague, Pauline Newman, on false charges and without due process.” Greg Dolin and Philip Hamburger will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 7:18 PM by Howard Bashman



“Senior U.S. Judge Rosemary Pooler dies at 85; longtime judge blazed a trail for women”: Fernando Alba of The Post-Standard of Syracuse, New York has this report.

Posted at 3:50 PM by Howard Bashman



“Israel’s Supreme Court Prepares to Rule on Its Own Fate; The justices will be scrutinized as never before at a hearing in September on the first part of a judicial overhaul that the government pushed through Parliament, angering many Israelis”: Isabel Kershner of The New York Times has this report.

Posted at 9:25 AM by Howard Bashman



“Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel.” Brett Murphy and Alex Mierjeski of ProPublica have this report.

Posted at 9:22 AM by Howard Bashman



“States Back Yacht Owner In High Court Choice-Of-Law Row”: Ganesh Setty of Law360 has this report (subscription required for access).

Posted at 8:30 AM by Howard Bashman



Wednesday, August 9, 2023

“A Trump judge sends Southwest Airlines to right-wing reeducation camp”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 9:52 PM by Howard Bashman



“Ohio Vote Shows Abortion’s Potency to Reshape Elections; The Dobbs ruling has turned a coalition of liberal, swing and moderate Republican voters into a political force; Even in August in Ohio”: Lisa Lerer of The New York Times has this news analysis.

Posted at 4:01 PM by Howard Bashman



“Equality in Utah’s constitution didn’t include the right to abortion, state’s attorneys argue to Utah Supreme Court; Justices heard arguments for more than four hours on Tuesday and it’s unclear on when they could rule on Utah’s blocked abortion trigger law”: Emily Anderson Stern of The Salt Lake Tribune has this report.

And Marjorie Cortez of Deseret News reports that “Utah Supreme Court to decide if Utah’s abortion restrictions should remain on hold; Utah’s abortion trigger law has been on hold one year and 28 days, noted an attorney for the state.”

Posted at 1:22 PM by Howard Bashman



“In Utah and Kansas, state courts flex power over new laws regulating abortion post-Roe”: Sam Metz and John Hanna of The Associated Press have this report.

Posted at 1:15 PM by Howard Bashman



“As Docket Shrinks, Supreme Court Lawyers Embrace Circuit Court Work; ‘I think it’s foolhardy to try to have a practice these days that focuses exclusively, or even primarily, on the Supreme Court,’ said attorney Kannon Shanmugam”: Jimmy Hoover of The National Law Journal has this report.

Posted at 12:40 PM by Howard Bashman



Tuesday, August 8, 2023

“Arizona coalition launches effort to get abortion rights on the ballot”: Rachel Roubein and Yvonne Wingett Sanchez of The Washington Post have this report.

Posted at 10:16 PM by Howard Bashman



“By 5-4 Vote, Supreme Court Revives Biden’s Regulation of ‘Ghost Guns’; The federal government, citing a rise in violence involving untraced firearms, had asked the justices to step in; The court provisionally allowed the regulation while a challenge moves forward”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued today.

Posted at 10:09 PM by Howard Bashman



“‘Fix the Court’ Should Fix Itself; The left-wing outfit may be violating 501(c)3 disclosure rules”: The Wall Street Journal has published this editorial.

Posted at 9:52 PM by Howard Bashman



“Ohio voters reject State Issue 1, defeating hurdle for abortion-rights vote in November”: Andrew J. Tobias of The Cleveland Plain Dealer has this report.

Michael Wines of The New York Times reports that “Ohio Voters Reject Constitutional Change Intended to Thwart Abortion Amendment; The contest was seen as a test of efforts by Republicans nationwide to curb voters’ use of ballot initiatives.”

And Patrick Marley, Rachel Roubein, and Kevin Williams of The Washington Post report that “Ohio Issue 1 fails as voters reject higher bar for changing constitution; Ahead of a November vote on abortion rights, Republican lawmakers wanted voters to make it more difficult to amend the state constitution.”

Posted at 9:50 PM by Howard Bashman



“The Judicial Politicians of Wisconsin: The state Supreme Court’s new progressive majority seizes power from the Chief Justice.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 9:34 PM by Howard Bashman



“Trump wants his election case moved out of D.C., pronto. That won’t be easy.” Alison Frankel’s “On the Case” from Reuters has this report.

Posted at 9:15 PM by Howard Bashman



“Abortion Drives Ohio Election on Amending the State Constitution; The election on Tuesday highlights how Republican legislators are using their power in Ohio and elsewhere”: Michael Wines of The New York Times has this report.

And Patrick Marley and Rachel Roubein of The Washington Post report that “Ahead of abortion vote, Ohioans weigh making it harder to amend constitution; Abortion rights supporters have accused Republican lawmakers of trying to thwart the will of the majority and chip away at voters’ voices.”

Posted at 8:53 PM by Howard Bashman



“Sanctions Report for 96-Year-Old Judge Sparks Shock, Sadness”: Michael Shapiro and Riddhi Setty of Bloomberg News have this report.

Posted at 8:35 PM by Howard Bashman



Monday, August 7, 2023

“Former Colorado chief justice receives unprecedented public censure; An independent investigation previously found Nathan Coats’ lack of administrative training and poor judgment contributed to the ill-advised award of a contract to a judicial employee”: Michael Karlik of Colorado Politics has this report.

And Amanda Pampuro of Courthouse News Service reports that “Colorado ex-chief justice censured over $2.7M contract for former employee who fudged numbers; Former Chief Justice Nathan B. Coats failed to ‘perform judicial and administrative duties competently and diligently,’ a special tribunal found.”

You can access today’s decision of the Special Tribunal of the Supreme Court of the State of Colorado at this link.

Posted at 9:33 PM by Howard Bashman



“Fourth Circuit overturns 21-year precedent on awarding legal fees; The Fourth Circuit’s ban on considering plaintiffs who won preliminary injunctions to be the prevailing party for the purposes of attorney’s fees made the circuit an outlier”: Joe Dodson of Courthouse News Service has this report.

You can access today’s 7-to-4 en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 9:12 PM by Howard Bashman