How Appealing

Monday, December 4, 2023

“The Supreme Court Will Finally Decide What ‘Income’ Means; The justices hear Moore v. U.S., a case asking if Congress can tax unrealized capital gains under the 16th Amendment”: Hank Adler and Lacy Willis will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 9:20 PM by Howard Bashman

“Emergency room abortion-care, mifepristone cases are both in front of the justices; As the Supreme Court considers whether to hear the medication abortion case, the ER case raises some big questions about post-Roe America”: Chris Geidner has this post at his Substack site.

Posted at 8:37 PM by Howard Bashman

“Two new Supreme Court cases ask if there is a right to medically necessary abortion; A federal law requires most hospitals to perform emergency abortions; The question is whether a Republican Supreme Court will enforce it”: Ian Millhiser has this essay online at Vox.

Posted at 8:32 PM by Howard Bashman

“Supreme Court Appears Split Over Opioid Settlement for Purdue Pharma; The justices’ questions reflected the tension between the practical effect of unraveling the settlement and broader concerns about whether the Sacklers should be granted such wide-ranging immunity”: Abbie VanSickle of The New York Times has this report.

Robert Barnes and David Ovalle of The Washington Post report that “Supreme Court appears torn during Purdue opioid settlement arguments.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Weighs Purdue Pharma’s $6 Billion Opioid Settlement; Justice Department says bankruptcy judge exceeded powers by granting Sackler family immunity from future claims.”

Alex Swoyer of The Washington Times reports that “Supreme Court struggles with feds’ objection to Purdue Pharma bankruptcy deal; Settlement agreement would release Sackler family from civil liability in deadly opioid crisis.”

Chris Serres of The Boston Globe reports that “Mass. families watch as Supreme Court questions Sackler shield in Purdue’s opioid settlement; A provision that would shield the wealthy Sacklers from future litigation has divided families who have lost loved ones to opioid overdoses.”

Kelsey Reichmann of Courthouse News Service reports that “Sackler immunity shield cracks at Supreme Court; The government’s objection to a multibillion-dollar opioid settlement forced the high court to decide if a single objection could unravel a deal that could help thousands of victims.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “It’s money v. principle in Supreme Court opioid case.”

Posted at 8:30 PM by Howard Bashman

“Republicans Are Finding Out That ‘Pro-Life’ Means a Lot of Things to a Lot of People”: Liz Mair has this essay online at The New York Times.

Posted at 3:05 PM by Howard Bashman

“The Next Supreme Court Danger: Trashing One-Third of the Tax Code. It would bring chaos. But don’t take my word for it. Ask Paul Ryan.” Timothy Noah has this essay online at The New Republic.

Posted at 2:46 PM by Howard Bashman

“Help, AI Has Hijacked This Appellate Column!” This month’s installment of my “Upon Further Review” column will appear in Tuesday’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Posted at 12:58 PM by Howard Bashman

“Judicial Notice (12.02.23): Trailblazers; A billionaire lawyer and a judicial giant pass away, a Biglaw pay raise takes hold, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 12:55 PM by Howard Bashman

“O’Connor & The Court: Breaking the Supreme Court’s Glass Ceiling.” Adam Feldman and Jake Truscott have this post at the “Empirical SCOTUS” blog.

Posted at 12:52 PM by Howard Bashman

“What Happened When the U.S. Failed to Prosecute an Insurrectionist Ex-President: After the Civil War, Jefferson Davis, the President of the Confederacy, was to be tried for treason; Does the debacle hold lessons for the trials awaiting Donald Trump?” Jill Lepore has this “American Chronicles” article in the December 11, 2023 issue of The New Yorker.

Posted at 10:34 AM by Howard Bashman

“SCOTUS case to be argued Tuesday could ‘fundamentally change the income tax’; ‘[I]t’s just very difficult to pull off [the Moores’] argument and maintain a stable tax system,’ law professor Donald Tobin says”: Chris Geidner has this post at his Substack site.

Posted at 10:29 AM by Howard Bashman

“Supreme Court tackles Sackler family liability protections in opioid settlement; The Biden administration is questioning a bankruptcy plan that lets the Sackler family avoid future lawsuits related to the opioid epidemic”: Lawrence Hurley of NBC News has this report.

And Lyle Denniston has a blog post titled “The Court and the opioid epidemic.”

Posted at 10:25 AM by Howard Bashman

“The Difference That Sandra Day O’Connor Made; The late Supreme Court Justice had a keen feeling for the real-world impact of the Court’s decisions”: Margaret Talbot has this essay online at The New Yorker.

At his “One First” Substack site, Steve Vladeck has a post titled “56. Justice O’Connor’s Complexities: The death of the first woman to serve on the Court raises challenging questions about how we assess justices’ legacies — and how difficult it is to disentangle them from subsequent events.”

And the new episode of Slate’s “Amicus” podcast is titled “Remembering Sandra Day O’Connor; Reflections from Justice O’Connor’s former clerk on the woman who bore the burden of “first” at SCOTUS,” featuring law professor RonNell Andersen Jones.

Posted at 10:20 AM by Howard Bashman