How Appealing

Friday, December 22, 2023

“Clarence Thomas: The Best and Most Incorruptible Supreme Court Justice in U.S. History; 116 people have served on the Supreme Court and Justices Thomas is the best.” Steven Calabresi has this post at “The Volokh Conspiracy.”

Posted at 8:53 PM by Howard Bashman

“‘Not out of the woods yet’: Republican retribution for SCOTUS ethics probe looms in new year; Although GOP lawmakers on the Senate Judiciary Committee have yet to make good on promises to torpedo the panel’s regular order of business, some experts say it’s too soon to breathe a sigh of relief.” Benjamin S. Weiss of Courthouse News Service has this report.

Posted at 8:24 PM by Howard Bashman

“Hon. Felix Frankfurter & the Idea of Judicial Self-Restraint: Then & Now in Federal & State Courts.” The Historical Society of the NY Courts has posted this video on YouTube.

Posted at 8:17 PM by Howard Bashman

“Pa. Justices Nix ‘Industry Standards’ As Defense”: Matthew Santoni of Law360 has this report (subscription required for access).

Posted at 4:52 PM by Howard Bashman

“Supreme Court Won’t Hear Case on Trump’s Immunity Defense for Now; Jack Smith, the special counsel prosecuting former President Donald J. Trump, had urged the justices to move with extraordinary speed, bypassing a federal appeals court”: Adam Liptak of The New York Times has this report.

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

Posted at 3:36 PM by Howard Bashman

“Colorado’s Top Court Kicked Trump Off the Ballot. Will the Supreme Court Agree? A legal scholar analyzes how the nine Justices are likely to view the blockbuster decision.” Online at The New Yorker, Isaac Chotiner has this Q&A with law professor Richard H. Pildes.

Posted at 1:32 PM by Howard Bashman

“Push to Disqualify Trump Pits Democracy Against the Rule of Law; If the Colorado Supreme Court is right that the former president is constitutionally ineligible to run for president, fundamental values are in severe tension”: Charlie Savage of The New York Times has this news analysis.

And Sarah Ellison of The Washington Post has an article headlined “Disqualifying Trump may be legally sound but fraught for democracy, scholars say; Experts say there’s a strong basis for the Colorado Supreme Court’s decision to bar Trump from the ballot, but the larger political context makes the question one of the thorniest in recent memory.”

Posted at 1:26 PM by Howard Bashman

“We granted allowance of appeal to consider whether evidence of a product’s compliance with industry and governmental safety standards is admissible in products liability cases following this Court’s decision in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014).” So begins the Opinion Announcing the Judgment of the Court that the Supreme Court of Pennsylvania issued today in Sullivan v. Werner Co., a case that I argued on behalf of the plaintiffs-appellees back on March 8, 2023.

Three Justices joined in the Opinion Announcing the Judgment of the Court. A fourth Justice issued a concurring opinion. And the remaining two Justices joined in a dissenting opinion.

Posted at 12:15 PM by Howard Bashman