How Appealing

Wednesday, September 20, 2023

“The Supreme Court is Coming for Affirmative Action in the Military; With a new lawsuit filed this week, John Roberts has his opportunity to upend the hard-fought racial balance in the armed forces — the pleas of the service chiefs be damned”: Law professor Garrett Epps has this essay online at Washington Monthly.

Posted at 10:14 PM by Howard Bashman

“Supreme Court justices asked to weigh in on Jan. 6 defendants’ cases; Review could affect special counsel Jack Smith’s election case against Trump”: Alex Swoyer of The Washington Times has this report.

Posted at 10:07 PM by Howard Bashman

“Will the Supreme Court Weigh In on a Law Before It’s Even Passed? The conservative legal movement wants the court to preemptively kill a major liberal policy idea.” Matt Ford has this essay online at The New Republic.

Posted at 10:01 PM by Howard Bashman

“Supreme Court Should Let the Bully Pulpit Keep Some Muscle; Lower courts have used thin evidence to accuse the White House of coercing social media companies to remove some content”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 9:53 PM by Howard Bashman

“The Supposed Misconduct of Montana’s Attorney General; The legal guild goes after Austin Knudsen for doing his job”: The Wall Street Journal has published this editorial.

Posted at 9:42 PM by Howard Bashman

“US appeals judge, 96, suspended in rare clash over fitness”: Blake Brittain of Reuters has a report that begins, “The U.S. Court of Appeals for the Federal Circuit on Wednesday suspended Judge Pauline Newman from hearing new cases amid a deepening clash over the 96-year-old jurist’s mental competence to serve on the bench.”

Michael Shapiro of Bloomberg Law reports that “Embattled 96-Year-Old Judge Suspended in Disability Probe; Nation’s oldest active judge sidelined for a year; Newman’s attorney vows to challenge order.”

And Zach Schonfeld of The Hill reports that “96-year-old federal judge suspended in clash with colleagues over mental fitness.”

You can access today’s per curiam order of the Judicial Council of the U.S. Court of Appeals for the Federal Circuit (along with supporting documents) at this link.

In earlier related coverage, Blake Brittain of Reuters reported last Friday that “Embattled US appeals judge takes stage at vaccine law conference.”

Michael Shapiro of Bloomberg Law reported that “96-Year-Old Suspended Judge Honored at Patent Law Conference.”

And Eileen McDermott of had a post titled “Judge Newman Gets Standing Ovations During Induction into IPWatchdog Masters Hall of Fame; Presents First Ever Pauline Newman Award.”

Posted at 1:52 PM by Howard Bashman

“‘An odd situation’: President Biden aims to tighten firearms sales. Hunter Biden is caught in the crosshairs. President Joe Biden has advocated universal background checks for gun purchases. But federal courts have ruled against a statute that aims to keep guns out of the hands of people addicted to drugs.” Bart Jansen of USA Today has this report.

Posted at 1:35 PM by Howard Bashman

“What I Most Regret About My Decades of Legal Activism: By focusing on civil liberties but ignoring economic issues, liberals like me got defeated on both.” Caroline Fredrickson has this essay online at The Atlantic.

Posted at 1:00 PM by Howard Bashman