How Appealing



Wednesday, September 6, 2023

“DeSantis’ High Court Makeover Isolates Longtime Florida Justice; Republican justice goes from swing vote to sole dissenter; Labarga praised by colleagues despite differences”: Alex Ebert and Jennifer Kay of Bloomberg Law have this report.

Posted at 1:04 PM by Howard Bashman



“The number of out-of-state travelers seeking abortions in Mass. grew by 37 percent after Dobbs; New research led by Brigham and Women’s Hospital shows patients came from as far away as Texas”: Jessica Bartlett of The Boston Globe has this report.

Posted at 11:20 AM by Howard Bashman



“As Abortion Laws Drive Obstetricians From Red States, Maternity Care Suffers; Some doctors who handle high-risk pregnancies are fleeing restrictive abortion laws; Idaho has been particularly hard hit”: Sheryl Gay Stolberg of The New York Times has this report.

Posted at 10:52 AM by Howard Bashman



“Alabama Cherishes Its History of Defying the Federal Courts”: David Firestone has this essay online at The New York Times.

Posted at 10:50 AM by Howard Bashman



“The Worst Trump Judge In America Is Brantley Starr: We as a society simply cannot be having federal judges named ‘Brantley.’” James LaRock has this post at Balls and Strikes.

Posted at 10:42 AM by Howard Bashman



Tuesday, September 5, 2023

“Missed Opportunities in Great Lakes“: John F. Coyle has this post at the “Transnational Litigation Blog.”

Therein he concludes, “The end result of these missed opportunities is that the U.S. Supreme Court is being asked to evaluate the enforceability of a choice-of-law clause with respect to claims to which it does not apply by its terms.”

Posted at 11:11 PM by Howard Bashman



“Alabama will appeal rejection of congressional map to U.S. Supreme Court”: Mike Cason of Alabama Media Group has this report.

Emily Cochrane of The New York Times reports that “Federal Court Again Strikes Down Alabama’s Congressional Map; Republicans failed to comply with a court order to create a second majority Black district or something ‘close to it,’ the judicial panel said.”

Jess Bravin of The Wall Street Journal reports that “Federal Court Throws Out Alabama’s Revised Congressional District Map; Legislature’s redrawn map flouts Supreme Court ruling, judges say.”

John Fritze of USA Today reports that “Federal court strikes down Alabama congressional maps in showdown over Black voting power.”

Zach Montellaro of Politico reports that “Court tosses Alabama congressional map after GOP refuses to draw second Black district; An independent court-appointed expert will now draw Alabama’s congressional map for the 2024 election.”

And Ryan Tarinelli of Roll Call reports that “Federal court names special master to redraw Alabama congressional map; Court sees ‘no reason’ to give the state another chance to draw the maps.”

Posted at 10:15 PM by Howard Bashman



“Justice Alito Accused of Misconduct, Escalating Supreme Court Ethics Fight; Rhode Island lawmaker cites Alito comments on legislation; Says justice improperly spoke on issue that could reach court”: Laura Litvan of Bloomberg News has this report.

Lawrence Hurley of NBC News reports that “Sen. Sheldon Whitehouse files ethics complaint over Justice Samuel Alito interview; The Rhode Island Democrat asked Chief Justice John Roberts to investigate Alito’s comments in a Wall Street Journal interview.”

Zach Schonfeld of The Hill reports that “Senate Democrat asks Roberts to investigate Alito.”

Chris Marquette of Roll Call reports that “Whitehouse makes ethics complaint against Alito to Roberts; Whitehouse says Alito may be opining on an issue that could come before high court.”

Sara Boboltz of HuffPost reports that “Sen. Whitehouse Calls For Ethics Probe Into Supreme Court Justice Alito; The Democratic senator slammed Alito for comments he made in a Wall Street Journal opinion piece earlier this year casting doubt on Congress’s authority.”

And in commentary, Wednesday’s edition of The Wall Street Journal will contain an editorial titled “New Supreme Court Scandal: ‘Improper Opining’; Sheldon Whitehouse sees a conspiracy in a Journal interview with Justice Samuel Alito.”

Posted at 10:00 PM by Howard Bashman



“Coming to a Supreme Court near you: Executive privilege on trial; Can a sitting president strip a former president of executive privilege?” Peter Navarro has this essay online at The Washington Times.

Posted at 9:32 PM by Howard Bashman



“The Supreme Court Justices Are Just Like Anyone Else; Professionals like to believe themselves immune to the influence of gifts, but no one is”: Professor Adriane Fugh-Berman has this essay online at The Atlantic.

Posted at 9:25 PM by Howard Bashman



“The Supreme Court’s next target: Big government; The high court will embark on a new term in October with an eye on the administrative state.” Kelsey Reichmann of Courthouse News Service has this report.

Posted at 9:21 PM by Howard Bashman



“Supreme Court asked if police dog’s paws violated Constitution during traffic stop”: John Fritze of USA Today has this report.

Posted at 8:55 PM by Howard Bashman



“How to Treat the Supreme Court’s Camera Phobia: SCOTUS justices allow just 50 people to watch them work, rather than the hundreds of millions of citizens that could see proceedings on livestreams and television.” Shan Wu has this essay online at The Daily Beast.

Posted at 8:50 PM by Howard Bashman



“Arguments in Tenn., Ky. bans on minors’ trans care hinge on key appeals court judge; The Sixth Circuit is expected to rule by the end of the month, and Chief Judge Jeff Sutton’s vote is likely key; Also: Georgia’s similar ban is back in effect for now.” Chris Geidner has this post at his Substack site.

Posted at 8:36 PM by Howard Bashman



“Panel Presses Court to Dismiss Judge Pauline Newman’s Lawsuit Over Fitness Probe; ‘While no one questions Judge Newman’s many contributions to the law, her legal claims here are jurisdictionally deficient and meritless,’ the motion to dismiss states”: Avalon Zoppo of The National Law Journal has this report. You can view the motion to dismiss at this link.

Posted at 8:30 PM by Howard Bashman



“A monumental abortion question for FL Supreme Court: How did voters in 1980 define ‘privacy’?; On the verge of overruling a 34-year precedent, justices will hear oral arguments Friday in challenge to abortion ban.” Michael Moline of Florida Phoenix has this report.

Posted at 8:22 PM by Howard Bashman



Monday, September 4, 2023

“Why Trump’s vow to appeal his D.C. trial date probably won’t work: Trial dates generally are not subject to appeal; And defendants can’t challenge most other pretrial actions until a trial is done.” Devlin Barrett of The Washington Post has this report.

Posted at 10:10 PM by Howard Bashman



“A Conservative Push to Save Ken Paxton; The effort to help the Texas attorney general, whose impeachment trial starts Tuesday, is part of an ongoing struggle over the Republican Party’s future”: J. David Goodman of The New York Times has this report.

Erin Mulvaney and Jacob Gershman of The Wall Street Journal report that “Ken Paxton, Embattled Texas Attorney General, Faces Impeachment Trial; Proceedings start this week for the Republican, an aggressive litigator dogged by allegations of impropriety.”

Yuriko Schumacher and James Barragán of The Texas Tribune have an article headlined “Here’s how Ken Paxton’s impeachment trial will operate; Under rules previously adopted by the Texas Senate, the trial will feature crucial votes on dismissing articles of impeachment as well as testimony under oath, private deliberations by senator-jurors and votes conducted without debate or discussion.”

And Robert Downen and Zach Despart of The Texas Tribune report that “Ken Paxton tried to hide his affair from his wife and voters; It may be his undoing; The impeachment trial that starts Tuesday is expected to center on Paxton’s infidelity, and could air out the sordid details of the staunch, Christian conservative’s life as he sits just yards away from his wife, and her 30 Senate colleagues.”

Posted at 10:07 PM by Howard Bashman



“The Lies in Your Grocery Store: Most people accept the gimmicks of food labelling; One lawyer can’t stomach them.” Sarah Larson has this article in the September 11, 2023 issue of The New Yorker.

Posted at 9:57 PM by Howard Bashman



“Supremely unconcerned with ethics: Justices Thomas and Alito are annoyed by all of this; If Chief Justice Roberts cares, meanwhile, he’s not letting that be known outside of the court.” Chris Geidner has this post at his Substack site.

Posted at 9:50 PM by Howard Bashman



“Judicial Notice (09.02.23): No Holds Barred; Justice Thomas v. his critics, Elon Musk v. Biglaw (again), two wins for free speech, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:50 PM by Howard Bashman



Sunday, September 3, 2023

“Is the Supreme Court seriously going to disqualify Trump? I’m giving it a 10% chance.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 12:48 PM by Howard Bashman



“Kennedy’s Supreme Court legacy is being erased, in part by past clerks”: Robert Barnes of The Washington Post has this report.

Posted at 12:38 PM by Howard Bashman



Friday, September 1, 2023

“Court revives doctors’ lawsuit saying FDA overstepped its authority with anti-ivermectin campaign”: Kevin McGill of The Associated Press has this report.

And Cameron Langford of Courthouse News Service reports that “Fifth Circuit sides with ivermectin-prescribing doctors in their quarrel with the FDA; The Food and Drug Administration is not a physician, so it had no business cautioning people not to take ivermectin to ward off Covid-19 infections with social media posts stating, ‘You are not a horse,’ the Fifth Circuit said.”

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

Posted at 10:46 PM by Howard Bashman



“Judge doubles down on Southwest ‘religious-liberty training’ sanctions order; Judge Starr refused to put the sanctions on hold while the airline appeals, called questions about requiring the training from a far-right group a ‘gripe’”: Chris Geidner has this post at his Substack site.

And online at The Washington Post, columnist Ruth Marcus has an essay titled “Texas judge again orders Southwest lawyers to reeducation camp.”

Posted at 9:55 PM by Howard Bashman



“Highways are the next antiabortion target. One Texas town is resisting. A new ordinance, passed in several jurisdictions and under consideration elsewhere, aims to stop people from using local roads to drive someone out of state for an abortion.” Caroline Kitchener of The Washington Post has this report.

Posted at 9:38 PM by Howard Bashman



“Confident of confirmation, Lamont picks Dannehy for high court; His previous nominee failed to win legislative approval, but top lawmakers signed off on new pick”: Mark Pazniokas of CT Mirror has this report.

Posted at 9:30 PM by Howard Bashman