How Appealing

Wednesday, December 20, 2023

“Colorado Supreme Court justices face a flood of threats after disqualifying Trump from the ballot; The latest round of threats fits a familiar pattern: Trump faces a legal setback, and officials face threats.” Ryan J. Reilly of NBC News has this report.

And Nicholas Bogel-Burroughs of The New York Times has an article headlined “The Colorado Court That Barred Trump: Appointed by Democrats but Narrowly Split; The 4-3 decision was harshly criticized by Trump supporters, who called it undemocratic; But some observers say the court is notably nonpartisan.”

Posted at 10:12 PM by Howard Bashman

“The Colorado Ruling Changed My Mind; The strongest argument for throwing Trump off the ballot is the weakness of the counterarguments”: George T. Conway III has this essay online at The Atlantic.

Posted at 9:57 PM by Howard Bashman

“Will Conservative Supreme Court Stick to Values in Trump Ruling in Colorado? A ruling that Donald Trump is ineligible for the presidency will test the court’s methodological values.” Charlie Savage of The New York Times has this report.

Alan Feuer of The New York Times has a news analysis headlined “Trump Cases Crashing Into Supreme Court Could Reshape 2024 Election; The ruling that Donald Trump is not eligible for the ballot in Colorado is the latest election-related issue likely to land before the justices; The implications for 2024 could be profound.”

Nick Corasaniti of The New York Times has an article headlined “Here Are the Other States Where Trump’s Ballot Eligibility Faces a Challenge; At least 16 states beyond Colorado currently have open legal challenges to the former president’s eligibility for office — but what happens next depends on the U.S. Supreme Court.”

And in commentary, online at The New York Times, Jesse Wegman has an essay titled “The Colorado Ruling Is a Rebuke for the Ages.”

Posted at 9:41 PM by Howard Bashman

“Trump Asks Supreme Court to Put Off Hearing Case on Immunity Claim; The former president urged the justices to move slowly in his federal election interference case, an apparent attempt to delay the trial, set for March”: Adam Liptak of The New York Times has this report.

You can view the brief in opposition at this link.

Posted at 9:32 PM by Howard Bashman

“Abortion Pills, Fishing Boats and the Legal War on Experts; Cases before the Supreme Court could endanger regulation of banking and many other sectors”: Alan S. Blinder will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 9:18 PM by Howard Bashman

“The Folly of Colorado’s Trump Disqualification; Four state Supreme Court judges ban the former President from the 2024 ballot without due process”: This editorial will appear in Thursday’s edition of The Wall Street Journal.

Also in Thursday’s edition of that newspaper, law professors John C. Harrison and Saikrishna Prakash will have an op-ed titled “If Trump Is Disqualified, He Can Still Run; Colorado’s Supreme Court overlooks the 20th Amendment.”

And Karl Rove will have an op-ed titled “Trump vs. the Banana Republic of Colorado; The effort to remove him from the ballot is legally baseless and helps his campaign.”

Posted at 8:50 PM by Howard Bashman

“What Is Insurrection? Trump Puts Once Obscure Questions Before Courts; All roads in former president’s legal battles likely lead to election-year rulings by nine justices; Controversy appears inevitable.” Jan Wolfe of The Wall Street Journal has this report.

Posted at 8:42 PM by Howard Bashman

“Supreme Court will review ‘good neighbor’ air pollution plan; The Environmental Protection Agency’s fight against cross-state air pollutants hit a high court roadblock”: Kelsey Reichmann of Courthouse News Service has this report.

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 8:37 PM by Howard Bashman

“Sheboygan DA appeals ruling that made abortion legal, pushing issue closer to Supreme Court”: Jessie Opoien of The Milwaukee Journal Sentinel has this report.

Alexander Shur of The Wisconsin State Journal reports that “Republican prosecutor appeals ruling that 1849 Wisconsin law doesn’t ban abortions.”

And Joe Kelly of Courthouse News Service reports that “Fight over 1849 Wisconsin abortion law advances with DA’s appeal; A judge reiterated this month that the law enacted one year after Wisconsin became a state applies only to feticide, not abortions.”

Posted at 8:33 PM by Howard Bashman

“The Liberal Plot Against Democracy”: Online at Compact Magazine, law professor Samuel Moyn has an essay that begins, “On Tuesday, the Colorado Supreme Court held that Donald Trump isn’t allowed to appear on state ballots in the 2024 election cycle because the former president engaged in ‘insurrection,’ disqualifying him for office under the 14th Amendment to the US Constitution. Intended to finally write the former president’s political obituary, the decision is just the latest example of liberals helping dig the grave of our democracy.”

Posted at 3:02 PM by Howard Bashman

“Supreme Court seems destined to play pivotal role in 2024 elections; Multiple cases involve GOP front-runner Donald Trump, including his eligibility for office and his claim of immunity from prosecution”: Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that “Trump’s fate rests with Supreme Court in two unprecedented cases.”

And Jan Wolfe and Mariah Timms of The Wall Street Journal report that “Colorado Trump Ban Puts Supreme Court in Hot Seat; Justices will likely have to rule on whether 14th Amendment’s banning insurrectionists from office applies to former president.”

Posted at 2:30 PM by Howard Bashman

“After Ohio Supreme Court dismisses six-week ban appeal, advocates work to unveil total abortion ban”: Morgan Trau of Ohio Capital Journal has a report that begins, “Anti-abortion advocates say they are working with Ohio lawmakers to put forward a total abortion ban. This comes after the Ohio Supreme Court dismissed the state’s appeal to enforce a near-total abortion ban.”

Posted at 2:26 PM by Howard Bashman

“Jack Smith added a Supreme Court specialist. Trump has the Missouri lawyer who sued Joe Biden. A large experience gap is emerging as the special counsel and the former president assemble their Supreme Court teams.” Betsy Woodruff Swan of Politico has this report.

Posted at 2:24 PM by Howard Bashman

“The Colorado Court’s Ruling Banning Trump From the Ballot Is Sharp as Hell; While the ruling will be overturned by the Supreme Court, the conservative justices will have to tie themselves into a knot to do it”: Elie Mystal has this essay online at The Nation.

Posted at 2:22 PM by Howard Bashman

“‘Orwellian Nightmare’: Divided 5th Circuit Denies Review of Section 230 Immunity for Social Media; The dissenting judges fell a vote short of reconsidering the Communication Decency Act’s immunity provision.” Avalon Zoppo of The National Law Journal has this report.

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Seven Fifth Circuit Judges Argue for Reading § 230 Narrowly.”

You can view Monday’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc by an 8-to-7 vote, and the dissent therefrom, at this link.

Posted at 2:14 PM by Howard Bashman

“Democrats won Virginia on abortion. Can it also win them the White House? A year and a half after the supreme court struck down Roe v Wade, abortion continues to weigh heavily on voters’ mind.” Joan E Greve of The Guardian has this report.

Posted at 2:04 PM by Howard Bashman

“An Originalism Scorecard Since Justice Barrett Arrived on the Court: Living Constitutionalism is Way Ahead.” Eric Segall has this blog post at “Dorf on Law.”

Posted at 1:58 PM by Howard Bashman

“Ketanji Brown Jackson slapped with ethics complaint over husband’s income; Group says Supreme Court justice omitted portions of husband’s income on disclosure forms for years”: Brianna Herlihy of Fox News has this report.

Posted at 1:57 PM by Howard Bashman

“Supreme Court takes center stage in the Trump legal battles; The justices will soon decide whether to weigh in on Trump’s broad immunity claim in his election interference case and his forthcoming appeal seeking to block a Colorado ruling that says he is ineligible to run for office”: Lawrence Hurley of NBC News has this report.

John Fritze and David Jackson of USA Today have an article headlined “Supreme Court may want to avoid Trump; Colorado’s ballot ruling won’t let them.”

Greg Stohr of Bloomberg News reports that “Trump’s 2024 Fate Rests With Supreme Court After Colorado Bars Him from Ballot; Trump vows to appeal Colorado ruling barring him from ballot; Court is considering fast-track review of Trump immunity claim.”

And Greg Bluestein of The Atlanta Journal-Constitution reports that “Colorado ruling disqualifying Trump could have implications in Georgia.”

Posted at 1:55 PM by Howard Bashman

“Some state abortion bans stir confusion, and it’s uncertain if lawmakers will clarify them”: Kimberlee Kruesi and Geoff Mulvihill of The Associated Press have this report.

Posted at 1:48 PM by Howard Bashman

“The O’Connor Funeral — LER Bonus Content No. 8 (12.19.23)”: Renee Knake Jefferson has this post at her “Legal Ethics Roundup” Substack site.

Posted at 1:44 PM by Howard Bashman

“Jewish Groups Line Up In Support Of Biden’s Muslim Court Pick Assailed By GOP; ‘Adeel A. Mangi is a person of strength and good deeds,’ 15 Jewish groups wrote to senators, some of whom subjected Mangi to Islamophobic questioning”: Jennifer Bendery of HuffPost has this report.

And at Balls and Strikes, Madiba K. Dennie has a post titled “Shameless Republican Senators Badger Muslim Judicial Nominee About 9/11; Adeel Mangi may become the first Muslim American federal appellate judge; So, Republican Senators smeared him as a terrorist sympathizer.”

Posted at 1:39 PM by Howard Bashman