How Appealing



Sunday, November 5, 2023

“The Scandal That Never Happened; Years ago, the all-white judges of a Louisiana appellate court decided, in secret, to systematically ignore petitions filed by prisoners, most of them Black, who claimed they had been unjustly convicted; This is the story of a horrendous injustice and the three people who tried to expose it”: Anat Rubin has this report online at ProPublica.

Posted at 9:20 PM by Howard Bashman



“The Supreme Court Considers Gun Rights and Domestic Abusers; The Justices return to the Second Amendment with a case that could bring more clarity to its Bruen precedent”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:44 PM by Howard Bashman



“Latest on Charlie Adelson trial: Defense weaves a tangled web trying to navigate past a pile of evidence; Jurors hear a defense story that is so beyond absurd there’s really no word that captures its irrationality.” Karen Cyphers has this post at Florida Politics.

Posted at 8:37 PM by Howard Bashman



“Judicial Notice (11.04.23): Israel, Hamas, And The Limits Of Free Speech; Biglaw condemns law-school antisemitism, a judge criticizes a pro-Hamas professor, Stroock votes to dissolve, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:45 AM by Howard Bashman



Friday, November 3, 2023

“Why Pennsylvania’s Supreme Court Election Matters: A judicial election with significance for 2024 voting and abortion.” This editorial will appear in Saturday’s edition of The Wall Street Journal.

Posted at 10:45 PM by Howard Bashman



“A Rare Trump Gun Control Measure Faces a Supreme Court Test; The justices agreed to decide whether the Trump administration had acted lawfully in banning bump stocks, the attachments that enable semiautomatic rifles to fire in sustained, rapid bursts”: Adam Liptak of The New York Times has this report, along with an article headlined “Supreme Court to Hear N.R.A.’s Free Speech Case Against New York Official; The case is the second one this term asking the justices to decide when government activity crosses the line to become coercion forbidden by the First Amendment.”

Posted at 10:40 PM by Howard Bashman



“Indiana AG Todd Rokita to be reprimanded for comments on abortion doctor Caitlin Bernard”: Brittany Carloni of The Indianapolis Star has this report on yesterday’s 3-to-2 ruling of the Supreme Court of Indiana.

The two Justices who dissented explained that they “would reject the conditional agreement, believing the discipline to be too lenient based on the Respondent’s position as Attorney General and the scope and breadth of the admitted misconduct.”

Posted at 10:30 PM by Howard Bashman



“Senate Judiciary Committee stalls amid partisan firestorm over Supreme Court subpoenas, court nominees; The upper chamber’s legal panel was unable to vote on any scheduled business as Republicans raged against a district court appointee and accused Democrats of playing politics with their Supreme Court ethics inquiry”: Benjamin S. Weiss of Courthouse News Service has this report.

Posted at 10:22 PM by Howard Bashman



“Judge finds Eastman culpable for ethics breaches in 2020 bid to keep Trump in power; California authorities will now present ‘aggravation’ evidence in their effort to strip Eastman of his law license”: Kyle Cheney of Politico has this report.

Posted at 10:20 PM by Howard Bashman



“‘Extortion layaway’ and the grilling of Charlie Adelson in Dan Markel murder-for-hire”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 10:04 PM by Howard Bashman



“‘My life depends on it’: Charlie Adelson testifies prosecutors ‘wrong’ about Markel murder.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 2:15 PM by Howard Bashman



“The Supreme Court at War: A new book tells how famed justices played an important role in World War II.” Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”

Posted at 1:52 PM by Howard Bashman



Thursday, November 2, 2023

“Supreme Court Chief Hudson asks if court should disqualify Trump — even if it can; Justices heard arguments on petition saying Constitution’s insurrection clause bars Trump from 2024 ballot in Minnesota”: Rochelle Olson of The Minneapolis Star Tribune has this report.

You can access the video of today’s Supreme Court of Minnesota oral argument via this link.

Posted at 10:08 PM by Howard Bashman



“The Justices Are Bad Gun Historians; The Supreme Court’s recent rulings on gun rights play fast and loose with the country’s traditions of owning and regulating firearms”: Professor Jack Rakove has this essay online at The Wall Street Journal.

Posted at 9:37 PM by Howard Bashman



“Are we really going to let Pa.’s richest man buy a state Supreme Court seat? Two right-wing billionaires are spending a small fortune to elect a Republican to the Pennsylvania Supreme Court. Why is justice for sale?” Columnist Will Bunch has this essay online at The Philadelphia Inquirer.

Posted at 9:25 PM by Howard Bashman



“Fox’s Soon-to-Be Former CLO Has No Regrets, Not Even Dominion”: You can access the new installment of David Lat’s “Exclusive Jurisdiction” column for Bloomberg Law at this link.

Posted at 9:42 AM by Howard Bashman



“Bill Clinton’s Lower-Court Appointments, By The Numbers; The statistics reveal a mixed story”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 9:36 AM by Howard Bashman



“‘I will testify’: Charlie Adelson to take the stand; state rests with bombshell wire taps.” Jeff Burlew of The Tallahassee Democrat has this report.

The Tallahassee Democrat is live-streaming the trial on YouTube, and you can access today’s video feed via this link.

Posted at 8:24 AM by Howard Bashman



Wednesday, November 1, 2023

“Expect a Standard, Not a Rule, in the State Action Social Media Cases”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 9:03 PM by Howard Bashman



“If Trump Wins, His Allies Want Lawyers Who Will Bless a More Radical Agenda; Politically appointed lawyers sometimes frustrated Donald J. Trump’s ambitions; His allies are planning to install more aggressive legal gatekeepers if he regains the White House”: Jonathan Swan, Charlie Savage, and Maggie Haberman of The New York Times have this report, along with a related report headlined “Some of the Lawyers Who May Fill a Second Trump Administration; Donald Trump’s allies are hoping to install a different species of legal gatekeeper throughout the federal government; Here are some of the potential prospects.”

Posted at 9:00 PM by Howard Bashman



“Dan Markel murder: State rests after 5 days; Charlie Adelson will testify Thursday.” Elena Barrera and Jeff Burlew of The Tallahassee Democrat have this report.

Posted at 8:22 PM by Howard Bashman



“When Is a Politician a Politician on Social Media? The Supreme Court is considering whether public officials can block critical citizens on social networks — a callback to a Trump-era legal battle.” Scott Nover has this Jurisprudence essay online at Slate.

Posted at 7:53 PM by Howard Bashman



“Transgender Minors and Families Ask Supreme Court to Block Tennessee’s Ban; Should the Supreme Court agree to hear the case on the state’s ban on transition care for minors, any ruling would reverberate across the legal challenges against other states that have passed similar bans”: Emily Cochrane of The New York Times has this report.

Posted at 7:50 PM by Howard Bashman



“Trump Disqualification Challenges Face Tests in Two States; Courts in Colorado and Minnesota are considering claims that former president is disqualified from 2024 ballot because the Constitution bars insurrectionists from office”: Mariah Timms of The Wall Street Journal has this report.

Posted at 7:48 PM by Howard Bashman



“Supreme Court Wary of Trademark for ‘Trump Too Small’; In earlier cases, the justices struck down provisions of the trademark law on First Amendment grounds; But the one at issue here seemed likely to survive”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court skeptical of lawyer’s claim to phrase ‘Trump Too Small.’”

David G. Savage of The Los Angeles Times reports that “Supreme Court sounds ready to rule a Californian can’t trademark T-shirts with Trump’s name.”

Jess Bravin of The Wall Street Journal has a report headlined “Is ‘Trump Too Small’ Entitled to a Registered Trademark? Supreme Court set to weigh in on the messiness of modern political speech.”

John Fritze of USA Today has a report headlined “‘Trump too small.’ Supreme Court wary of trademarking a joke made at Trump’s expense.”

And Alex Swoyer of The Washington Times reports that “Supreme Court raises concerns over trademark for phrase ‘Trump too small.’“

Posted at 5:42 PM by Howard Bashman



“Charlie Adelson trial Day 5: Jury wired, state rests, divorce gets relitigated.” Peter Schorsch of Florida Politics has this report.

Posted at 5:30 PM by Howard Bashman