How Appealing



Monday, August 7, 2023

“Why does Justice Alito keep making things worse for the Supreme Court?” Columnist Jackie Calmes has this essay online at The Los Angeles Times.

Posted at 8:30 PM by Howard Bashman



“A Gambit to Duck Supreme Court Review: You won’t believe this tale of ‘tester’ lawsuits, ‘mootness,’ and legal shenanigans in Acheson Hotels v. Laufer.” This editorial will appear in Tuesday’s edition of The Wall Street Journal.

Posted at 8:18 PM by Howard Bashman



Further update regarding Great Lakes v. Raiders Retreat, No. 22-500 (U.S.): Today is the deadline for filing amicus brief in support of respondent Raiders in this U.S. Supreme Court case.

You can access the amicus briefs filed today via this link.

Posted at 4:58 PM by Howard Bashman



“Solicitor General Prelogar Walks Fine Line With Skeptical Court”: Lydia Wheeler and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 2:33 PM by Howard Bashman



“Trump and his new lawyer are not on the same page about judge’s recusal; The former president’s public statements are already diverging from the advice of his newest lawyer, John Lauro”: Kyle Cheney of Politico has this report.

Posted at 2:30 PM by Howard Bashman



“John Eastman, awaiting potential indictment, asks judge to postpone his disbarment proceedings; The lawyer who advised Donald Trump in the weeks leading up to Jan. 6 is known as ‘co-conspirator 2’ in the special counsel’s newest case”: Kyle Cheney of Politico has this report.

Posted at 2:26 PM by Howard Bashman



“US Supreme Court Report Card: How Third Circuit Fared in 2022-23 Term, Part 2.” This month’s installment of my “Upon Further Review” column will appear in tomorrow’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Posted at 1:38 PM by Howard Bashman



“What’s expected when Utah’s high court considers challenge to abortion trigger ban”: Bridger Beal-Cvetko of KSL-TV of Salt Lake City has this report.

Posted at 10:40 AM by Howard Bashman



“Florida Supreme Court hears dispute about UF’s 2020 COVID-19 shutdown; A potential class-action case may be brought against UF”: Sally Brown of The Independent Florida Alligator has this report.

Posted at 10:34 AM by Howard Bashman



“The Internet Speech Case That the Supreme Court Can’t Dodge: Forget Gonzalez v. Google; There’s another dispute that will come before the justices in the next year and this time they will have to directly deal with issues involving platforms and speech.” Jeff Kosseff has this essay online at Wired.

Posted at 10:27 AM by Howard Bashman



“How I ‘bribed’ a justice to take a no-expenses-paid trip to Mississippi”: Margaret McMullan has this essay online at The Washington Post.

Posted at 10:24 AM by Howard Bashman



Sunday, August 6, 2023

“In Oklahoma, Governor Picks Unusual Fight with Tribes—and Fellow Republicans; Gov. Kevin Stitt has accused tribes of a power grab, following a court ruling that clarified boundaries; Tribes say Stitt misunderstands tribal sovereignty”: Adolfo Flores will have this article in Monday’s edition of The Wall Street Journal.

Posted at 9:18 PM by Howard Bashman



“Miami groups try to overturn court ruling that kept ‘gerrymandered’ map in effect”: Grethel Aguila of The Miami Herald has this report.

Posted at 9:04 PM by Howard Bashman



“Democrats vs. the Supreme Court: They want to influence which Justices can hear certain cases, which would destroy judicial independence.” This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:50 PM by Howard Bashman



“How medical schools are considering race after the Supreme Court limited affirmative action in admissions; An inside look from current and former admissions officers at Cooper and Jefferson”: Tom Avril of The Philadelphia Inquirer has this report.

Posted at 8:30 PM by Howard Bashman



“Netanyahu Seeks to Change How Judges Are Named, Then Stop Revamp; ‘There has to be a balance,’ prime minister says in interview”: Francine Lacqua and Ethan Bronner of Bloomberg News have this report.

Posted at 8:27 PM by Howard Bashman



“For The Defense with David Oscar Markus — John Lauro for Donald J. Trump”: David Oscar Markus has posted this new episode of his “For The Defense” podcast on YouTube.

Posted at 8:11 PM by Howard Bashman



Saturday, August 5, 2023

“After Supreme Court victory, anti-affirmative action group turns to military academy exemption”: Rachel Nostrant of Reuters has this report.

Posted at 8:30 PM by Howard Bashman



“The Sales Numbers on Books by Supreme Court Justices; Books by Sonia Sotomayor and Ruth Bader Ginsburg are the most popular among those by Supreme Court justices”: Jim Milliot of Publishers Weekly has this report.

Posted at 8:03 PM by Howard Bashman



“Texas Judge Says Doctors Can Use ‘Good Faith Judgment’ in Providing Abortions; The ruling sought to clarify the medical exceptions in the state’s bans, and was in a response to a lawsuit from women who were denied abortions despite medical emergencies”: Kate Zernike of The New York Times has this report.

And William Melhado of The Texas Tribune reports that “Texas AG appeals judge’s order that allows women with complicated pregnancies to get abortions; State District Court Judge Jessica Mangrum on Friday issued a temporary exemption to Texas’ abortion ban; Hours later, the attorney general’s office filed an appeal, which blocked the order.”

Posted at 5:06 PM by Howard Bashman



“Appeals Court Overturns Mississippi’s Lifetime Ban on Voting for Former Felons; A federal appeals court said that barring people convicted of certain felonies from voting pointlessly denied them access to ‘the democratic core of American citizenship’”: Michael Wines of The New York Times has this report.

Bobby Harrison of Mississippi Today reports that “5th Circuit panel strikes down Mississippi’s lifetime felony voting ban.”

Ashton Pittman of Mississippi Free Press reports that “Mississippi’s Lifetime Felony Voting Ban Unconstitutional, Appeals Court Rules.”

Emily Wagster Pettus of The Associated Press reports that “Court blocks Mississippi ban on voting after some crimes, but GOP official will appeal ruling.”

Nate Raymond of Reuters reports that “Mississippi cannot strip convicts of right to vote, court rules.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 5:02 PM by Howard Bashman



“I Don’t See a ‘Rogue’ Supreme Court”: Columnist David French will have this essay in the Sunday Review section of tomorrow’s edition of The New York Times.

Posted at 3:32 PM by Howard Bashman



“Clarence Thomas’s $267,230 R.V. and the Friend Who Financed It; The vehicle is a key part of the justice’s just-folks persona; It’s also a luxury motor coach that was funded by someone else’s money”: Jo Becker and Julie Tate of The New York Times have this report.

Posted at 1:07 PM by Howard Bashman



Friday, August 4, 2023

“US appeals judge accused of ‘serious misconduct’ in deepening fitness probe”: Blake Brittain of Reuters has this report.

Michael Shapiro of Bloomberg Law reports that “96-Year-Old Judge Newman Faces Suspension After Panel Vote.”

Avalon Zoppo of The National Law Journal has an article headlined “‘Serious Matter’: Panel Suggests Suspending Newman Over Noncooperation in Fitness Probe; Judicial misconduct committee discounts neurologist’s finding of ‘no significant cognitive defects.’

Eileen McDermott of IPWatchdog.com has a post titled “Special Committee Charges Newman with ‘Serious Misconduct’, Blames Her for Delayed Transcript.”

In commentary, online at The New York Sun, Dean Karayanis has an essay titled “Political Intrigue Swirls as Reagan-Appointed Judge, 96, Is Told ‘Go Quietly’ or Else; ‘I was told, “Just go quietly or we will make your life miserable,”’ says Judge Newman, who’s been recommended for suspension by a judiciary panel after she refused to submit to cognitive testing.”

The New Civil Liberties Alliance, which represents Judge Newman in this proceeding, today issued a news release titled “Fed. Circuit Special Committee’s Actions Once Again Undermine Due Process for Hon. Pauline Newman.”

Today, the U.S. Court of Appeals for the Federal Circuit posted online a redacted copy of the Report and Recommendation of the Special Committee, which, with exhibits, totals 319 pages.

Posted at 9:44 PM by Howard Bashman



“Alito’s Wall Street Journal interviews and commentary raise a big recusal question; Law Dork looks into the timeline of a major tax case for next term & Alito’s three recent WSJ opinion page appearances — and comes away with questions”: Chris Geidner has this post at his Substack site.

Posted at 8:42 PM by Howard Bashman



“2nd Circuit affirms Connecticut repeal of religious vaccine exemptions for schoolchildren; The panel ruled 2-1 affirming Connecticut’s decision to end religious exemptions from mandatory immunizations for students”: Josh Russell of Courthouse News Service has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

Posted at 8:30 PM by Howard Bashman