How Appealing

Sunday, December 24, 2023

“What is Missing From This Story?” At “PrawfsBlawg,” Paul Horwitz has a post that begins, “I have in the past written critical as well as positive things here about Clarence Thomas. And I have written at greater length elsewhere about why we should be leery of the clerkship-as-family approach to clerking, especially when it so frequently turns into the lamentable condition of former-clerk-as-hero-worshipper.”

Posted at 3:16 PM by Howard Bashman

“Trump Asks Appeals Court to Toss Election Case on Immunity Grounds; The court filing was the latest development in a battle between Mr. Trump and the special counsel, Jack Smith, over whether the former president can be prosecuted for his actions while in office”: Alan Feuer of The New York Times has this report.

Rachel Weiner of The Washington Post has an article headlined “As Supreme Court elects to wait, Trump takes immunity claim to D.C. Circuit.”

Sadie Gurman of The Wall Street Journal reports that “Trump Asks Appeals Court to Dismiss Election-Interference Case; Former president’s lawyers restate argument that he is immune from prosecution over ‘official acts’ he took as president.”

Kyle Cheney and Josh Gerstein of Politico report that “Trump asks appeals court to block 2020 election prosecution; The argument has fared poorly in other federal courts that have considered it so far.”

And in related coverage, Jordan Fabian and Kate Queram of Bloomberg News report that “Biden Says Presidents Can Be Subject to Criminal Prosecution; Supreme Court won’t immediately decide on Trump immunity case; Biden putting democracy, Jan. 6 at center of 2024 campaign.”

You can access at this link the opening brief that former president Donald J. Trump filed yesterday in the U.S. Court of Appeals for the D.C. Circuit.

Posted at 2:40 PM by Howard Bashman

“The Non-Originalist Decision That May Save Trump; Griffin’s Case and ‘The General Spirit of the Constitution’”: Adrian Vermeule has this post at “The New Digest” Substack site.

Posted at 2:30 PM by Howard Bashman

“The FBI is looking into threats against Colorado justices after Trump ballot ruling; The involvement of law enforcement comes amid a wave of threats against the justices who ruled this week that Trump is ineligible for the state’s primary ballot”: Zoë Richards of NBC News has this report.

Posted at 2:26 PM by Howard Bashman

“Clarence Thomas’s Clerks: An ‘Extended Family’ With Reach and Power; The Supreme Court justice has built a network of former clerks who share messages, meals and a common vision — wielding influence at universities, law firms and the highest rungs of government.” Abbie VanSickle and Steve Eder have this front page article in today’s edition of The New York Times.

The article contains mention of the U.S. Supreme Court case that I argued on October 10, 2023.

Posted at 10:10 AM by Howard Bashman