How Appealing



Friday, August 4, 2023

“The Founders Anticipated the Threat of Trump: This week’s indictment of the former president outlines the sort of demagogic challenge to the rule of law that the Constitution’s architects most feared.” Jeffrey Rosen will have this installment of “The Saturday Essay” in tomorrow’s edition of The Wall Street Journal.

Posted at 8:05 PM by Howard Bashman



Thursday, August 3, 2023

“Biden’s asylum restrictions for migrants may remain in place, federal appeals court rules”: Maria Sacchetti and Nick Miroff of The Washington Post have this report.

Rebecca Santana of The Associated Press reports that “Appeals court allows Biden asylum restrictions to temporarily stay in place as case plays out.”

And Ted Hesson of Reuters reports that “Biden asylum restrictions at Mexico border can stay in place for now, appeals court says.”

I have posted today’s order of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 9:42 PM by Howard Bashman



“Ketanji Brown Jackson will speak at 16th Street Baptist Church for bombing anniversary”: Greg Garrison of Alabama Media Group has this report.

Posted at 9:15 PM by Howard Bashman



“A SCOTUS Roundup Focused on Textualism (with a Concluding Thought About Democracy)”: Michael C. Dorf has this blog post at “Dorf on Law.”

Posted at 8:42 PM by Howard Bashman



“Philadelphia-based law firm Schnader Harrison is closing; The nearly 90-year-old Philadelphia-based law firm, which previously had a roster of about 200 lawyers consistently, has shrunk in recent years”: Lizzy McLellan Ravitch of The Philadelphia Inquirer has this report.

Schnader was *the* Philadelphia appellate powerhouse when I was starting my career in private practice back in 1991. I’m not sure any large Philadelphia law firm is regarded that way today.

Posted at 8:14 PM by Howard Bashman



“Justice Kagan’s Apostasy: The judiciary abdicates its duty when it tolerates broad-ranging executive ’emergency powers.’” George Liebmann has this post at The American Conservative.

Posted at 8:04 PM by Howard Bashman



“Justice Elena Kagan pushes for US Supreme Court to adopt own ethics code”: Maxine Bernstein of The Oregonian has this report.

And Maia Spoto of Bloomberg Law reports that “US Supreme Court Justices Are ‘Not Imperial,’ Kagan Says.”

Update: In other coverage, Josh Gerstein of Politico reports that “Kagan enters fray over Congress’ power to police Supreme Court; The liberal justice offers a counterpoint to Justice Samuel Alito in the debate over ethics reforms.”

Posted at 5:24 PM by Howard Bashman



“Peter Edelman Leaks the News of His Impending D.C. Circuit Nomination; And ignites a campaign against himself” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 5:00 PM by Howard Bashman



“I mean, the best legal news source is a one-man operation out of eastern Pennsylvania, run by a solo appellate litigator named Howard Bashman. It’s called How Appealing. And he just does it as a hobby; he’s done it as a hobby for 20-plus years. I bet 90 percent or more of federal judges look at it.” Tablet magazine has published an interview of David Garrow, conducted by David Samuels, under the headline “The Obama Factor: A Q&A with historian David Garrow.” I thank Mr. Garrow for his very generous words about this site!

Posted at 4:15 PM by Howard Bashman



Wednesday, August 2, 2023

“Limits of congressional power to regulate Supreme Court untested; Comments from Justice Samuel A. Alito Jr. stirred debate about how much authority lawmakers could wield over court operations”: Michael Macagnone of Roll Call has this report.

Posted at 10:06 PM by Howard Bashman



“Lawsuit challenging Wisconsin’s legislative maps filed at the state Supreme Court”: Molly Beck of The Milwaukee Journal Sentinel has this report.

Nick Corasaniti of The New York Times reports that “Left-Leaning Wisconsin Groups Challenge the State’s Political Maps; Democrats in Wisconsin are seeking to capitalize on a newly friendly State Supreme Court after a liberal justice was sworn in this week.”

Scott Bauer of The Associated Press reports that “Wisconsin lawsuit asks new liberal-controlled Supreme Court to toss Republican-drawn maps.”

And in commentary, Thursday’s edition of The Wall Street Journal will contain an editorial titled “Judicial Ethics at Work in Wisconsin; Will a new Justice recuse herself in a legislative redistricting case she has clearly prejudged?

Posted at 9:42 PM by Howard Bashman



“Wisconsin Supreme Court enters a new era as it flips to liberal control after 15 years”: Scott Bauer of The Associated Press has this report, along with a report headlined “Wisconsin Supreme Court chief justice accuses liberals of ‘raw exercise of overreaching power.’

Jessie Opoien of The Milwaukee Journal Sentinel reports that “Janet Protasiewicz sworn in as Supreme Court justice, ushering in an ideological shift.”

And Molly Beck and Daniel Bice of The Milwaukee Journal Sentinel report that “New liberal majority on state Supreme Court fires director of state court system.”

Posted at 9:36 PM by Howard Bashman



Tuesday, August 1, 2023

“Trump’s Case Has Broad Implications for American Democracy; The third indictment of the former president is the first to get to the heart of the matter: Can a sitting leader of the country spread lies to hold onto power even after voters reject him?” Peter Baker of The New York Times has this news analysis.

And online at Slate, law professor Rick Hasen — founder of the “Election Law Blog” — has a Jurisprudence essay titled “U.S. v. Trump Will Be the Most Important Case in Our Nation’s History.”

Posted at 9:42 PM by Howard Bashman



“Our Samuel Alito Scoop Is No Scandal: Ruth Marcus thinks she smells a rat; The truth is that partisanship has dulled her nose for news.” James Taranto will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 8:30 PM by Howard Bashman



“The Supreme Court: Where Everyone Knows Your Name.” Jake Trucott has this post at the “Empirical SCOTUS” blog.

Posted at 3:55 PM by Howard Bashman