How Appealing

Tuesday, November 28, 2023

“An unusually high-spirited day at the Supreme Court. (Laughter.) In cases over the Double Jeopardy Clause and review of deportation decisions, Georgia and DOJ are likely to lose. But also, a possibility of something more.” Chris Geidner has this post at his Substack site.

Posted at 10:02 PM by Howard Bashman

“SEC’s in-house enforcement powers at risk in US Supreme Court case”: Andrew Chung of Reuters has this report.

Greg Stohr of Bloomberg News reports that “Ex-Hedge Fund Boss Fights SEC at Supreme Court With Big Backers; George Jarkesy is challenging the SEC’s use of in-house judges; SEC uses administrative judges for hundreds of cases each year.”

In commentary, online at Slate, Alan B. Morrison has a Jurisprudence essay titled “One of the Most Complex Cases of the Supreme Court Term Could Also Be the Most Devastating.”

Online at The Atlantic, law professor Noah Rosenblum has an essay titled “The Case That Could Destroy the Government; What was once a fringe legal theory now stands a real chance of being adopted by the Supreme Court.”

And at the “Notice & Comment” blog of the Yale Journal on Regulation, Christopher J. Walker has a post titled “The Remedy in SEC v. Jarkesy.”

Posted at 9:33 PM by Howard Bashman

“Supreme Court questions Ga. decision to retry suspect after acquittal; Justices examine case where jury found a defendant not guilty by reason of insanity on one of three charges but convicted on two others”: Robert Barnes of The Washington Post has this report.

And in commentary, online at Balls and Strikes, Madiba K. Dennie has a post titled “Supreme Court Seems Uninterested In Georgia’s Argument That ‘Verdicts’ Aren’t ‘Verdicts’; The justices permit a lot of abuse of criminal defendants; But McElrath v. Georgia might be the proverbial bridge too far.”

Posted at 9:10 PM by Howard Bashman

“Group Tied to Supreme Court Patron Leo Pours $103 Million Into Conservative Causes; 85 Fund increased funding by more than 33% since 2021; The group gave $2.3 million to the Federalist Society”: Emily Birnbaum of Bloomberg News has this report.

Posted at 9:00 PM by Howard Bashman

“Texas Supreme Court appears hesitant to clarify emergency exception in state’s abortion ban”: Taylor Goldenstein of The Houston Chronicle has this report.

Valerie Richardson of The Washington Times reports that “Texas Supreme Court takes up judge’s temporary order easing abortion restrictions.”

Eleanor Klibanoff of The Texas Tribune reports that “Texas Supreme Court considers abortion challenge; In August, a judge ruled that the state’s near-total abortion ban should not apply to medically complicated pregnancies; The state appealed that ruling to the Texas Supreme Court, putting it on hold.”

Brendan Pierson of Reuters reports that “Texas top court weighs scope of abortion ban exception for risky pregnancies.”

Ryan Autullo of Bloomberg Law reports that “Abortion Ban Exceptions Split Texas Supreme Court Justices; Eight Republican justices offered mixed signals; AG suggested the proper defendants are physicians.”

And Kirk McDaniel of Courthouse News Service reports that “Medical exceptions for abortions in Texas probed by state’s highest court; ‘While there is technically a medical exemption to the bans, no one knows what it means and the state will not tell us,’ attorney Molly Duane told the Texas Supreme Court on Tuesday.”

The Supreme Court of Texas has posted the audio of today’s oral argument on YouTube at this link.

Update: In other coverage, Bayliss Wagner of The Austin American-Statesman reports that “Texas Supreme Court heavily scrutinizes both sides in case challenging abortion bans.”

Posted at 5:55 PM by Howard Bashman

“Should Pa. courts be allowed to intervene in the impeachment drive against Philly DA Larry Krasner? The state Supreme Court questioned whether courts should be allowed to effectively strike down an impeachment approved by the state House, or if it should be resolved at a trial in the Senate.” Chris Palmer and Gillian McGoldrick of The Philadelphia Inquirer have this report.

The Supreme Court of Pennsylvania has posted the audio of today’s four-hour oral argument on YouTube at this link.

Update: In other coverage, Peter Hall of Pennsylvania Capital-Star reports that “Pa. Supreme Court justices question GOP effort to impeach Philly DA Larry Krasner; Krasner’s lawyers argue the articles of impeachment died when the previous legislative session ended.”

Posted at 5:44 PM by Howard Bashman

“Justices Set to Broaden Judicial Review in Deportation Cases; Immigrants can seek hardship waiver from deportation; Courts have limited jurisdiction to review agency decisions”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 5:26 PM by Howard Bashman

“Dan Markel murder: Charlie Adelson spent 35 hours on phone with mom in week of her arrest.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 3:45 PM by Howard Bashman

“The new Trump judge revolt against the Voting Rights Act, explained; At the very moment the Supreme Court appears to be moderating on voting rights, GOP judges are going after America’s most important voting rights law”: Ian Millhiser has this essay online at Vox.

Posted at 2:02 PM by Howard Bashman

“Why the Fifth Circuit Keeps Making Such Outlandish Decisions: The court is leaning into its reputation as a welcoming home for right-wing litigation.” Law professor Stephen I. Vladeck has this essay online at The Atlantic.

Posted at 1:58 PM by Howard Bashman