How Appealing



Wednesday, October 18, 2023

“Ceremony marks Renatha Francis’ ascension to the Florida Supreme Court; DeSantis: ‘I’m proud that we are honoring today a justice who arrived to this court taking the road less traveled.’” Michael Moline of Florida Phoenix has this report.

Posted at 8:14 PM by Howard Bashman



“Merck shingles vaccine appeal will test controversial mass torts case management tool”: Alison Frankel’s “On the Case” from Reuters has this post about an appeal that I will be arguing on behalf of the plaintiffs-appellants before a three-judge panel of the U.S. Court of Appeals for the Third Circuit sitting in Wilmington, Delaware on October 31, 2023.

Posted at 8:11 PM by Howard Bashman



“The Supreme Court blew a chance to fix its second-worst decision ever”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 8:06 PM by Howard Bashman



Tuesday, October 17, 2023

“In new Supreme Court filings, battle lines are drawn in the fight over Wisconsin’s elections maps”: Jessie Opoien of The Milwaukee Journal Sentinel has this report.

Posted at 1:42 PM by Howard Bashman



“The Pa. Supreme Court race is ‘the biggest game in town,’ and groups are spending big on both sides; The race between Republican Carolyn Carluccio and Democrat Dan McCaffery is the top statewide race on the ballot, with the winner expected to become a tie-breaking vote on election cases”: Gillian McGoldrick of The Philadelphia Inquirer has this report.

Posted at 1:40 PM by Howard Bashman



“UK Supreme Court appoints female justice and admits diversity concerns; Lady Justice Simler set to be only the fifth female judge in the court’s modern history”: Suzi Ring of Financial Times has this report.

Posted at 1:35 PM by Howard Bashman



“India’s Top Court Rejects Gay Marriage, While Voicing Sympathy; Though it expanded the definition of discrimination, the ruling was a sharp setback for petitioners seeking a landmark victory on marriage equality”: Sameer Yasir and Alex Travelli of The New York Times have this report.

You can access today’s ruling of the Supreme Court of India at this link.

Posted at 1:32 PM by Howard Bashman



“Supreme Court won’t step in to save NC law that punished secret recordings”: Adam Wagner of The News & Observer of Raleigh, North Carolina has this report.

Posted at 1:23 PM by Howard Bashman



“Justice Barrett Calls for Supreme Court to Adopt an Ethics Code; In a wide-ranging interview at the University of Minnesota that was disrupted temporarily by demonstrators, the justice said that ethics rules would help with greater public transparency”: Abbie VanSickle of The New York Times has this report.

John Fritze of USA Today has an article headlined “‘Good idea.’ Justice Amy Coney Barrett signals support for a Supreme Court ethics code; ‘There is no lack of consensus among the justices,’ Barrett, a conservative, said of the desire to hold themselves to the ‘highest ethical standards.’

Rochelle Olson of The Minneapolis Star Tribune reports that “Amy Coney Barrett takes on court ethics, collegiality in University Minnesota talk briefly marred by protesters; Protesters interrupted her minutes into the polite question-and-answer session with former Dean Robert Stein.”

Amirah Razman and Grace Henrie of The Minnesota Daily report that “Amy Coney Barrett speaks at Northrop amid student protests; The Supreme Court justice’s presence on campus sparked controversy.”

Lawrence Hurley of NBC News reports that “Justice Amy Coney Barrett says ethics rules for the Supreme Court would be a ‘good idea’; The conservative justice indicated support for a code of conduct similar to the one that applies to lower federal court judges.”

Ariane de Vogue of CNN has a report headlined “Amy Coney Barrett: Supreme Court ethics code would be a good idea.”

And Ellie Roth and Matt Sepic of Minnesota Public Radio news report that “Justice Amy Coney Barrett talks Supreme Court ethics code in visit to UMN amid protesters.”

At some point in the not too distant future, C-SPAN plans to post video of the event online via this link.

Posted at 11:10 AM by Howard Bashman



Monday, October 16, 2023

“Is the Fifth Circuit Becoming the New Ninth? The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 10:48 PM by Howard Bashman



“Supreme Court Again Lets Biden’s Limits on ‘Ghost Guns’ Stand; After the justices temporarily revived the regulations in August by a 5-to-4 vote, lower courts nonetheless let two manufacturers continue to sell the weapons”: Adam Liptak of The New York Times has this report.

Posted at 9:24 PM by Howard Bashman



“The Worst Trump Judge In America Is Matt Kacsmaryk; When Republicans need a judge who will rubber-stamp their looniest ideas, they know exactly who to ask”: James LaRock has this post at Balls and Strikes.

Posted at 5:48 PM by Howard Bashman



“What the Tokyo Trial Reveals About Empire, Memory, and Judgment: The Allied tribunal in postwar Tokyo was modelled on the one in Nuremberg; That was the first mistake.” Ian Buruma has this Books essay in the October 23, 2023 issue of The New Yorker.

Posted at 3:35 PM by Howard Bashman



“49. ‘Jawboning’ and Social Media in the (Dis)information Age: There’s a lot going on in Murthy v. Missouri’ At its core, the question is whether courts can draw a meaningful line between government persuasion and government coercion—especially in advance.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 3:14 PM by Howard Bashman



“The horseshoe theory of law: How Judge Reinhardt made a comeback in the Louisiana redistricting litigation.” Adam Unikowsky has this interesting post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 1:17 PM by Howard Bashman



Sunday, October 15, 2023

“Justice Dept. focuses on violence by protesters at abortion clinics; Federal prosecutors have brought more cases against antiabortion protesters amid reports of rising threats”: David Nakamura of The Washington Post has this report.

Posted at 10:37 PM by Howard Bashman



“Tanya Chutkan, an Unflinching Judge in the Trump Jan. 6 Trial; Judge Chutkan, who grew up in a prominent Jamaican family and has extensive trial experience, has been thrust into the limelight; She shows no sign of being intimidated by it”: Robert Draper of The New York Times has this report.

Posted at 9:32 PM by Howard Bashman



“Houston Bankruptcy Judge David Jones Resigns Under Misconduct Investigation; The judge is under investigation by a federal appeals court after The Wall Street Journal reported that he failed to disclose his romantic relationship with a local lawyer whose fees he approved”: Alexander Gladstone of The Wall Street Journal has this report.

Posted at 7:36 PM by Howard Bashman



“My Hope for Hawaii’s New Supreme Court Justices: Gov. Josh Green will choose two new associate justices from a list of six in coming weeks.” Ben Lowenthal has this essay online at Honolulu Civil Beat.

Posted at 4:38 PM by Howard Bashman



“A Supreme Court dispute over a $15,000 IRS bill may be aimed at a never-enacted tax on billionaires”: Mark Sherman of The Associated Press has this report.

Posted at 4:33 PM by Howard Bashman



“Judicial Notice (10.14.23): May It Please The Court; First-time SCOTUS advocates, an unfortunate judge-clerk romance, Kim Kardashian’s counsel, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 4:24 PM by Howard Bashman



Saturday, October 14, 2023

“Abandoning (Rather than Dismissing) Claims to Create Finality; The Eleventh Circuit held that claimants can create a final decision by ‘abandoning’ unresolved claims, which stands in some tension with that court’s rule that litigants cannot voluntarily dismiss discrete claims”: Bryan Lammon recently had this post at his “final decisions” blog.

And Alison Frankel’s “On the Case” from Reuters had a related post titled “In this U.S. appeals court, ‘dismiss’ and ‘abandon’ are not synonyms.”

Posted at 9:57 PM by Howard Bashman



“Judges running in Pa’s Supreme Court race talk about judicial philosophies; The winner could end up casting a deciding vote on the future of reproductive rights in Pennsylvania”: Peter Hall of Pennsylvania Capital-Star has this report.

Posted at 9:47 PM by Howard Bashman



“Supreme Court to Hear Another Broad Challenge to Agency Power; The justices apparently added the new case to ensure that Justice Ketanji Brown Jackson could take part in deciding whether to overrule a major precedent”: Adam Liptak of The New York Times has this report.

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

Posted at 9:18 PM by Howard Bashman



“Is Rule 4(a)(4)(B)(ii) Jurisdictional? I’m starting to think that a failure to file a second or amended notice of appeal does not affect appellate jurisdiction to review certain post-judgment decisions.” Bryan Lammon has this post at his “final decisions” blog.

Posted at 1:12 PM by Howard Bashman



“Newman, Oldest US Judge, Feted Again in Non-Farewell Tour; Newman speech caps first day of intellectual property conference; Her colleagues stopped her from taking new cases”: Michael Shapiro of Bloomberg Law has this report.

Posted at 12:52 PM by Howard Bashman



Friday, October 13, 2023

“The Supreme Court avoided disaster when a chunk of marble fell in a courtyard used by the justices”: Mark Sherman of The Associated Press has a report that begins, “The Supreme Court avoided a catastrophic accident last year when a piece of marble at least 2 feet long crashed to the ground in an interior courtyard used by the justices and their aides, according to several court employees.”

Posted at 10:02 PM by Howard Bashman