How Appealing



Monday, November 27, 2023

“Justices Search for Middle Ground on Mandatory Sentences for Gun Crimes; A federal law imposes a mandatory 15-year sentence for possessing a gun after committing three serious drug offenses; But which offenses count?” Adam Liptak of The New York Times has this report.

Posted at 7:58 PM by Howard Bashman



“Supreme Court Needs a Real Ethics Code. The justices have rightly responded to public criticism. But the self-policing system they’ve proposed doesn’t inspire much confidence.” Bloomberg Opinion has published this editorial.

Posted at 7:54 PM by Howard Bashman



“Texas Supreme Court to hear case Tuesday challenging state’s near-total abortion ban”: Bayliss Wagner of The Austin American-Statesman has this report.

Posted at 7:53 PM by Howard Bashman



“This lawsuit could disrupt the U.S. tax system. Key facts are in dispute. Supreme Court to hear challenge to new tax on offshore earnings that was part of Donald Trump’s 2017 tax overhaul.” Ann E. Marimow and Julie Zauzmer Weil of The Washington Post have this report.

And in commentary, online at Vox, Ian Millhiser has an essay titled “The Supreme Court case seeking to shut down wealth taxes before they even exist; A SCOTUS case aiming to protect rich people from taxes could lead to chaos for the federal government’s finances.”

Posted at 7:48 PM by Howard Bashman



“Bad Facts, Bad Law: In a recent Supreme Court oral argument about disarming domestic abusers, originalism itself was put to the test.” Duncan Hosie has this essay (subscription required for full access) online at The New York Review of Books.

Posted at 12:04 PM by Howard Bashman



“Parsing Invalidating Statutes (Part I)”: John F. Coyle has this post at the “Transnational Litigation Blog.”

Therein, he writes, “There are hundreds of state statutes that direct state courts not to give effect to choice-of-law and forum selection clauses.”

Posted at 11:07 AM by Howard Bashman



“Federal Defenders Combine Forces to Argue at US Supreme Court; Individual defenders don’t argue often at high court; Experienced defenders partner with first-timers to improve advocacy”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Read the article, among other reasons, to learn what the acronym DSCRAP stands for.

Posted at 9:48 AM by Howard Bashman



“The Eleventh Circuit is chipping away at what’s left of the Voting Rights Act; Judge Elizabeth Branch, a Trump appointee, used a ‘novel’ case involving Georgia’s utility commission to further narrow an already cramped reading of the law”: Chris Geidner has this post at his Substack site.

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

Posted at 9:15 AM by Howard Bashman



“A Mail-Vote Time Bomb Keeps Ticking; Pennsylvania’s undated ballots might go to the Supreme Court — again”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 9:12 AM by Howard Bashman



“A Deregulatory Sh*t Show Waiting to Happen”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 9:10 AM by Howard Bashman



Sunday, November 26, 2023

“The Supreme Court Considers the Right to Trial by Jury; SEC v. Jarkesy could vindicate a legal protection against the administrative state that the Founders fought for”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 9:44 PM by Howard Bashman



“Ex-Judge Watford Talks Supreme Court Shortlist, Judge Shopping, Why He Resigned; Paul Watford said, regarding his resignation from the Ninth Circuit, ‘I certainly was disheartened when Bruen and Dobbs were decided’”: Avalon Zoppo of The National Law Journal has this report.

Posted at 6:50 PM by Howard Bashman



“The Law of Trump — Part II: How Trump opened up new frontiers of First Amendment law.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 6:37 PM by Howard Bashman



“Judicial Notice (11.25.23): Zero Tolerance; Benchslaps for Biglaw, bountiful bonuses at a boutique, a high-profile hire at Airbnb, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 3:36 PM by Howard Bashman



Friday, November 24, 2023

“A $15,000 tax could undo parts of the tax code in upcoming Supreme Court case”: Alex Swoyer of The Washington Times has this report.

Posted at 9:30 PM by Howard Bashman



“Ohio voters just passed abortion protections. When and how they take effect is before the courts.” Julie Carr Smyth of The Associated Press has this report.

Posted at 9:20 PM by Howard Bashman



“A Supreme Court case with momentous implications for government power”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 8:56 PM by Howard Bashman



Thursday, November 23, 2023

“Courts Strike Down Gun Control Measures in Two States; The rulings in Maryland and Oregon come amid a shifting legal landscape in the wake of a Supreme Court decision that has imposed new limits on gun regulation”: David W. Chen of The New York Times has this report.

Erin Cox and Salvador Rizzo of The Washington Post report that “Federal judges overturn Maryland handgun licensing law; Under new legal test, decade-old law requiring fingerprinting, training and up to 30-day wait for handgun license is found to violate Second Amendment.”

Dylan Segelbaum and Pamela Wood of The Baltimore Banner report that “Appeals court strikes down Maryland’s gun license law; Gov. Moore vows to fight for measure; ‘Today’s decision is crazy,’ Senate President Bill Ferguson, a Baltimore Democrat, said in a statement.”

And Bryan P. Sears of Maryland Matters reports that “Federal appeals court finds Maryland handgun qualification law unconstitutional.”

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

Posted at 9:40 PM by Howard Bashman



“When Supreme Court Pros Came Calling, Client Stuck With Local Lawyer; ‘I think there’s something romantic about the idea that a small-town lawyer could argue their way all the way up to the Supreme Court,’ James Freed said of his attorney, Victoria Ferres”: Jimmy Hoover of The National Law Journal has this report.

Posted at 9:22 PM by Howard Bashman



Wednesday, November 22, 2023

“No bond: Donna Adelson has first hearing in Leon County in Dan Markel murder case.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 8:57 PM by Howard Bashman



“‘Foreign cyberattack’ stole data from courts in ‘assault on the Kansas system of justice’”: Jason Alatidd of The Topeka Capital-Journal has this report.

Daniel Desrochers of The Kansas City Star reports that “Foreign cyberattack stole residents’ sensitive information from Kansas court system.”

And Tim Carpenter of Kansas Reflector reports that “Kansas court officials confirm details of ‘evil, criminal’ international cyberattack; Preliminary assessment indicates information stolen for use on dark web.”

Today, the Kansas Judicial Branch issued a news release titled “Kansas Supreme Court releases statement on October 12 security incident.”

Posted at 8:50 PM by Howard Bashman



“Clarence Thomas has a beef with bellwether trials in mass tort cases”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 8:34 PM by Howard Bashman



“It’s Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi”: Will Baude has this post at “The Volokh Conspiracy.”

Posted at 8:16 PM by Howard Bashman



“Pa. High Court Rejects ‘Percentage of Revenue’ Venue Defense; The ruling is ‘one of if not the most impactful venue decisions in the last 20 years,’ said Robert Mongeluzzi, a partner at Saltz Mongeluzzi Bendesky, who represented the plaintiffs”: Aleeza Furman of The Legal Intelligencer has this report on a case in which I serve as appellate counsel for the plaintiffs.

Today’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion.

This is the first case in which I have achieved Pennsylvania’s version of the appellate trifecta. First, I argued and won the appeal before a three-judge Pa. Superior Court panel. Next, I argued and won the appeal before a nine-judge en banc Pa. Superior Court panel. And today, after my argument of this appeal back in March, we won before Pennsylvania’s highest court.

Update: In other coverage, Matthew Santoni of Law360 reports that “Pa. Justices Say Small Share Of Big Business Can’t Nix Venue” (subscription required for access).

Posted at 2:18 PM by Howard Bashman



Tuesday, November 21, 2023

“Why Justice Thomas’s Dissent from Denial of Cert on Preclusion and MDL in Du Pont is Important”: Abbe Gluck has this post at the “Balkinization” blog.

Posted at 10:05 PM by Howard Bashman



“A Reversal in Rahimi Will Be Tougher to Write Than Critics Admit; Courts are ‘not insensitive to domestic violence’ but are ‘sensitive to the constitutional rights of the accused’”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 4:46 PM by Howard Bashman



“Voting Rights Ruling Follows US Supreme Court ‘Bat Signal’; Ending private Voting Rights Act suits was raised by justices; High court may not be sold on ruling against advocates”: Jacqueline Thomsen and Suzanne Monyak of Bloomberg Law have this report.

Posted at 1:27 PM by Howard Bashman



“Idaho Asks US Supreme Court to Permit Abortion Law Enforcement; US succeeded in halting ban’s enforcement in medical emergency; Fifth Circuit considering arguments in similar Texas case”: Mary Anne Pazanowski of Bloomberg Law has this report.

And yesterday, Alliance Defending Freedom issued a news release titled “Federal govt sues state of Idaho for protecting life of woman, unborn child; Attorneys with ADF, Cooper & Kirk file emergency motion with U.S. Supreme Court asking it to protect Idaho emergency room doctors’ ability to preserve life.”

You can access Idaho’s Emergency Application for a Stay Pending Appeal at this link.

Posted at 12:48 PM by Howard Bashman