How Appealing



Tuesday, October 24, 2023

“Public Support for the Supreme Court Through the Lens of Political Science”: Jake S. Truscott has this post at the “Empirical SCOTUS” blog.

Posted at 1:14 PM by Howard Bashman



“Roe v. Wade Is Gone, but Abortions Are On the Rise; New abortion bans have done little to reduce frequency of the procedure, new data show”: Laura Kusisto and Jennifer Calfas of The Wall Street Journal have this report.

Posted at 1:10 PM by Howard Bashman



“Green nominates judge, private lawyer to Hawaii Supreme Court”: Dan Nakaso of The Honolulu Star-Advertiser has this report.

And Chad Blair of Honolulu Civil Beat reports that “Green Nominates Ginoza, Devens To Hawaii Supreme Court; The governor said he looked beyond race and gender to consider background and experience.”

Yesterday, the Office of the Governor of Hawaii issued a news release titled “Gov. Green Announces Nominees for Two Judicial Vacancies.” And video from a related news conference can be accessed here.

Posted at 11:28 AM by Howard Bashman



“Judge Daniel D. McCaffery belongs on the Pa. Supreme Court; The Democrat and his Republican opponent, Carolyn Carluccio, are both experienced jurists, but questions around abortion and the 2020 election give McCaffery the edge”: The Philadelphia Inquirer has published this editorial.

Posted at 11:24 AM by Howard Bashman



“The Supreme Court confronts its own failure in an appalling case about guns; The justices are seriously considering whether domestic abusers have a right to own a gun”: Ian Millhiser has this essay online at Vox.

Posted at 11:22 AM by Howard Bashman



“Georgia Supreme Court allows abortion law to stay on the books; Case now heads back to Fulton Superior Court judge to rule on constitutionality of the law”: Maya T. Prabhu of The Atlanta Journal-Constitution has this report.

And Sudhin Thanawala of The Associated Press reports that “Georgia Supreme Court sends abortion law challenge back to lower court, leaving access unchanged.”

You can access today’s 6-to-1 ruling of the Supreme Court of Georgia at this link.

Posted at 11:20 AM by Howard Bashman



“Ex-Supreme Court Clerks Find Big Money Opportunities in Litigation Finance; ‘This is a fascinating and really fun field,’ said former clerk Travis Lenkner”: Jimmy Hoover of The National Law Journal has this report.

Posted at 11:14 AM by Howard Bashman



“‘Can you be fair?’ Jury selection begins in Charlie Adelson murder trial.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 11:11 AM by Howard Bashman



Monday, October 23, 2023

“Why shouldn’t elephants have rights? They’re intelligent beings who can feel joy and sorrow.” Online at The Los Angeles Times, professor Jeff Sebo has an essay that begins, “The California Supreme Court is considering whether to grant a hearing for three elephants — Nolwazi, Amahle and Mabu — at the Fresno Chaffee Zoo.”

Posted at 1:07 PM by Howard Bashman



“From COVID meds to abortion. Why conservatives are fighting the FDA’s power to regulate drugs.” John Fritze of USA Today has this report.

Posted at 1:00 PM by Howard Bashman



“Trump’s Court Whisperer Had a State Judicial Strategy. Its Full Extent Only Became Clear Years Later. Conservative activist Leonard Leo helped elect a judge in Wisconsin. Without him, the GOP feared their agenda would be ‘toast,’ according to an email.” Andrea Bernstein and Andy Kroll of ProPublica have this report.

Posted at 12:44 PM by Howard Bashman



“If Trump Trial Isn’t Broadcast Live, a Plea to Record It for Posterity; A request to broadcast one of Donald Trump’s federal trials made an intriguing backup argument, one rooted not in the news cycle but in ensuring a complete historical record”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 9:50 AM by Howard Bashman



Saturday, October 21, 2023

“Supreme Court Lifts Limits for Now on Biden Officials’ Contacts With Tech Platforms; The court also agreed to hear the administration’s appeal, paving the way for a major ruling on how far government can go to encourage sites to delete asserted misinformation”: Adam Liptak of The New York Times has this report.

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

Posted at 7:30 PM by Howard Bashman



“From Bush v. Gore to ‘Stop the Steal’: Kenneth Chesebro’s Long, Strange Trip; Mr. Chesebro, a buttoned-down Harvard lawyer, evolved from left-leaning jurist to key player in the Trump false electors scandal; What happened?” Elizabeth Williamson of The New York Times has this report.

Posted at 7:22 PM by Howard Bashman



Friday, October 20, 2023

“Justices Reject, for Now, Missouri’s Effort to Override Federal Gun Laws; The move blocked an expansive state law, the Second Amendment Preservation Act, and let stand a ruling that it was an unconstitutional attempt to nullify federal laws”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued today.

Posted at 9:44 PM by Howard Bashman



“Former Convict Who Became Respected Law Professor Faces Domestic Violence Charge; Shon Hopwood, whose path from prison bars to the Supreme Court Bar made national news, is again a criminal defendant”: Jimmy Hoover of The National Law Journal has this report.

Posted at 3:00 PM by Howard Bashman



“The Supreme Court considers whether a very stupid gun law is also unconstitutional; What should the Supreme Court do when gun laws are written by incompetent trolls?” Ian Millhiser has this essay online at Vox.

Posted at 2:42 PM by Howard Bashman



“Appeals court upholds broad use of obstruction law that prosecutors have deployed against Trump; In a divided ruling, the court said there are numerous ways for the government to prove that Jan. 6 defendants acted ‘corruptly’”: Kyle Cheney and Josh Gerstein of Politico have this report.

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

Posted at 2:32 PM by Howard Bashman



“The Supreme Court Looks Set to Deliver Another Blow to the Environment; Two upcoming cases take aim at the government’s power to regulate”: Elizabeth Kolbert has this Daily Comment online at The New Yorker.

Posted at 2:30 PM by Howard Bashman



“Ninth Circuit Contender Is Exposed As Pretender; The collapse of Bill Clinton’s nomination of James Ware”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 2:27 PM by Howard Bashman



Thursday, October 19, 2023

“An Arizona Supreme Court justice openly opposes abortion. He’ll hear a case deciding its legality anyway. Justice Bill Montgomery blamed Planned Parenthood — which is suing the state over its abortion ban — for ‘the greatest genocide known to man.’” Shefali Luthra of The 19th has this report.

Posted at 3:14 PM by Howard Bashman



“US judiciary walks away from proposal to bar midnight court filings”: Nate Raymond of Reuters has a report that begins, “The federal judiciary is abandoning a judge’s proposal to improve work-life balance among attorneys by rolling back filing deadlines and barring lawyers nationwide from submitting legal briefs and other documents electronically as late as midnight.”

And Suzanne Monyak of Bloomberg Law reports that “US Judiciary Rejects Proposal for Earlier Filing Deadlines.”

Unfortunately, the Third Circuit‘s 5 p.m. e-filing deadline, to be enforced beginning in 2024, will remain in effect for the time being.

Posted at 1:03 PM by Howard Bashman



“US appeals judge urges new standard on ‘cruel and unusual’ punishment; 3rd Circuit Judge Thomas Hardiman says 8th Amendment should be interpreted under ‘original meaning’; Judge targets ‘evolving standards of decency’ test”: Nate Raymond of Reuters has this report.

Posted at 9:50 AM by Howard Bashman



“The US Supreme Court notched big conservative wins; It’s a key issue in Pennsylvania’s fall election”: Marc Levy of The Associated Press has this report.

Posted at 9:45 AM by Howard Bashman



“Section 3, Originalist Chaos, and Why Donald Trump Should Not Be Constitutionally Disqualified from the Presidency”: Eric Segall has this blog post at “Dorf on Law.”

Posted at 9:40 AM by Howard Bashman



“AG Yost Announces Pick for Next Solicitor General”: Ohio’s Attorney General has issued a news release that begins, “Attorney General Dave Yost has selected an ‘appellate ace’ to serve as Ohio’s 11th Solicitor General, the state’s lead attorney for appeals in state and federal courts. Elliot Gaiser, an Ohio native, will start in the position on Nov. 20.”

In news coverage, Eric Heisig of Bloomberg Law reports that “Ohio Solicitor General Pick Named in Jan. 6 Panel Testimony.”

Gaiser currently works as an associate at Jones Day’s Columbus, Ohio office.

Posted at 9:30 AM by Howard Bashman



“Ninth Circuit abortion care case highlights Trump judicial appointees’ power; Even on ‘liberal’ courts; For nearly two weeks recently, a trio of Trump appointees expanded the reach of Idaho’s criminal abortion law”: Chris Geidner has this post at his Substack site.

Posted at 9:24 AM by Howard Bashman



Wednesday, October 18, 2023

“The Supreme Court Found a Gun It Doesn’t Like; Justices Roberts and Barrett joined the liberals to uphold federal regulations on so-called ‘ghost guns’”: Matt Ford of The New Republic has this essay.

Posted at 8:20 PM by Howard Bashman



“Supreme Court Justice Rebecca Bradley to speak at Federalist Society conference”: Henry Redman of Wisconsin Examiner has this report.

Posted at 8:17 PM by Howard Bashman