How Appealing



Thursday, November 9, 2023

“Judges Debate What to Do When Precedent, Originalism Collide; Judges appear at Federalist Society event in Washington; Note resource issues in lower courts exploring original meaning”: Jacqueline Thomsen and Suzanne Monyak of Bloomberg Law have this report (subscription required for full access).

The Federalist Society has posted on YouTube the video of this panel from earlier today, titled “Welcome & Showcase Panel I: Roundtable: Originalism on the Ground.”

Posted at 1:20 PM by Howard Bashman



“Maine’s Catholic church, victims of child sex abuse take constitutionality question to state supreme court; Maine’s highest court will decide whether to keep a 2021 law, which allows people to file claims of childhood sexual abuse that were previously expired under a statute of limitations”: Emily Allen of The Portland Press Herald has this report.

Posted at 1:11 PM by Howard Bashman



“Senate Democrats back down on Supreme Court ethics subpoenas after GOP threats”: Ariane de Vogue, Morgan Rimmer, Devan Cole, and Ted Barrett of CNN have this report.

And Lawrence Hurley and Frank Thorp V of NBC News report that “Democrats’ plan to issue subpoenas in Supreme Court ethics probe hits roadblock; The Democratic-led panel abruptly adjourned before a vote on subpoenas for Republican donor Harlan Crow and conservative legal activist Leonard Leo.”

Posted at 12:57 PM by Howard Bashman



“Rahimi, Meenie, Miney, Mo; Will Garland v. Range be the way to go?” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 11:48 AM by Howard Bashman



“Prepare For Turbulence Ahead; Wrapping up the Clinton years”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 11:42 AM by Howard Bashman



“US Senate Democrats to vote on Supreme Court ethics probe subpoenas”: John Kruzel and Andrew Chung of Reuters have this report.

Emily Birnbaum of Bloomberg News reports that “Supreme Court Patrons Risk Subpoenas in Democrats’ Ethics Probe; Senators are going after benefactors of Justices Thomas, Alito; Unusual tactic comes after justices rebuff oversight efforts.”

And in related news coverage, Shawn Boburg of The Washington Post has a report headlined “A guide to the friends and patrons of Clarence and Ginni Thomas; These are the associates of Supreme Court Justice Clarence Thomas and his wife, Ginni, who have given gifts, made payments or otherwise supported the couple based on recent reporting from various news outlets.”

Posted at 10:50 AM by Howard Bashman



“The Supreme Court created mayhem on guns. Here’s how it could fix the mess.” Columnist Ruth Marcus has this essay online at The Washington Post.

And today’s new episode of “The Daily” podcast from The New York Times features Adam Liptak and is titled “The Supreme Court Tests Its Own Limits on Guns; Justices who have pushed against restrictions on gun ownership seemed sympathetic to limits for people under domestic violence restraining orders.”

Posted at 10:44 AM by Howard Bashman



“The Supreme Court dismantled Roe. States are restoring it one by one. Support for abortion cuts across party lines, performing significantly better at the ballot box than Biden and other Democrats.” Alice Miranda Ollstein, Megan Messerly, and Jessica Piper of Politico have this report.

Posted at 10:36 AM by Howard Bashman



Wednesday, November 8, 2023

“Trump Asks Appeals Court to Throw Out Election Case Gag Order; The former president’s lawyers claimed he was being muzzled in the midst of a campaign, but their filing exaggerated the constraints put on him by the order”: Alan Feuer of The New York Times has this report.

You can view the Brief for Appellant filed today in the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 9:54 PM by Howard Bashman



“Abortion-Rights Supporters Rack Up Victories, Putting GOP in Bind for 2024; From red Ohio and Kentucky to purple Virginia and Pennsylvania, Tuesday’s results show issue’s continued potency”: Aaron Zitner and Laura Kusisto of The Wall Street Journal have this report.

Posted at 9:48 PM by Howard Bashman



“Fifth Circuit panel hears Galveston County’s defense of its new voting map; Black and Hispanic Republicans have recently won elections in Galveston County, which undermines claims its white GOP voters prefer candidates of their own race, a judge noted”: Cameron Langford of Courthouse News Service has this report.

You can access the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link.

Posted at 8:24 PM by Howard Bashman



“State court dismissed petition seeking to bar Trump from 2024 ballot; Minnesota Supreme Court ruled exceedingly fast after hearing oral arguments Thursday; an appeal is likely”: Rochelle Olson of The Minneapolis Star Tribune has this report on an order that the Supreme Court of Minnesota issued today.

Posted at 5:16 PM by Howard Bashman



“South Carolina justice warns judicial diversity is needed in only state with all-male high court”: James Pollard of The Associated Press has this report.

Posted at 1:09 PM by Howard Bashman



“Ohio Supreme Court Justice Jennifer Brunner sues over partisan label law”: Laura A. Bischoff of The Columbus Dispatch has an article that begins, “Ohio Supreme Court Justice Jennifer Brunner is suing to overturn the new law that requires partisan labels for supreme court and appellate court candidates.”

Posted at 1:06 PM by Howard Bashman



“Mexico Supreme Court justice resigns, but not because of criticism over his Taylor Swift fandom”: The Associated Press has this report.

Posted at 1:04 PM by Howard Bashman



“Supreme Court Likely to Avoid ‘Raw Deal’ on Veterans Benefits”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 12:58 PM by Howard Bashman



“Democratic plan to subpoena Supreme Court justices’ allies faces pushback; A new effort to wrest information from conservative allies of Supreme Court justices will probably be blocked by Senate Republicans”: Ann E. Marimow of The Washington Post has this report.

Posted at 12:56 PM by Howard Bashman



“Pa. Superior Court election results: Democrats Jill Beck and Timika Lane win open seats.” Katie Meyer of Spotlight PA has this report.

Posted at 12:54 PM by Howard Bashman



“Democrat Timika Lane wins court seat, as Pennsylvania Democrats sweep 4 statewide judicial races”: The Associated Press has this report.

Posted at 10:44 AM by Howard Bashman



“Dan McCaffery’s triumph in the Pa. Supreme Court race extends Democrats’ majority; Abortion rights and election integrity took center stage in the expensive and contentious showdown between the candidates”: Gillian McGoldrick and William Bender of The Philadelphia Inquirer have this report.

The Pennsylvania Department of State’s website also shows election results for vacancies in Pennsylvania’s two intermediate appellate courts, where the Democratic candidates also appear to have won (or be leading).

Posted at 10:00 AM by Howard Bashman



Tuesday, November 7, 2023

“Ohio Votes to Establish Right to Abortion; The State Constitution will protect access to the procedure; The result sends a strong signal that voters are still angry about the demise of Roe”: Kate Zernike of The New York Times has this report.

Posted at 9:33 PM by Howard Bashman



“Texas, Biden administration square off in court over emergency abortions”: Brendan Pierson of Reuters has this report.

Kevin McGill of The Associated Press reports that “Biden administration guidance on abortion to save mother’s life argued at appeals court.”

And Eleanor Klibanoff of The Texas Tribune reports that “Appeals court considers Texas’ challenge to federal abortion guidance; The federal Emergency Medical Treatment and Labor Act requires hospitals to stabilize any patient in the emergency room, even, the Biden administration noted in recent guidance, if that requires performing an abortion; Texas sued over the guidance last year.”

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:25 PM by Howard Bashman



“Adeel Mangi is top candidate for Third Circuit Court of Appeals seat; New Jerseyan would become first Muslim to serve as a federal appellate court judge”: David Wildstein of New Jersey Globe has this report.

Posted at 8:08 PM by Howard Bashman



“Will Republicans Defend the Supreme Court? Democratic subpoena threats target the friends of Clarence Thomas and Samuel Alito, as the campaign to discredit the Justices gets nasty.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 8:02 PM by Howard Bashman