How Appealing



Friday, December 8, 2023

“Supreme Court takes up furlough fight from 2013 government shutdown; The justices will decide if missing a deadline can kill a federal employee’s furlough appeal”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 10:12 PM by Howard Bashman



“Second Circuit upholds bulk of New York concealed-carry law; The Second Circuit upheld provisions in the state’s Concealed Carry Improvement Act requiring applicants to prove they are of good moral character as well as a ban on firearms in ‘sensitive places’ including treatment centers and parks”: Nika Schoonover of Courthouse News Service has this report on a 261-page ruling issued today that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit jointly authored.

Nate Raymond of Reuters reports that “US appeals court allows many New York restrictions on carrying guns.”

And Erik Uebelacker of Courthouse News Service has a report headlined “Second Circuit shoots down gun dealers’ challenge to New York firearms law; It was the second win of the day for New York’s gun laws in the Second Circuit Court of Appeals” about a ruling that the Second Circuit issued today.

Posted at 10:05 PM by Howard Bashman



“Texas AG Ken Paxton files petition aiming to block Kate Cox abortion authorization”: Bayliss Wagner of The Austin American-Statesman has this report.

Eleanor Dearman of The Fort Worth Star-Telegram reports that “Texas AG Paxton warns hospitals not to perform abortion approved by ‘activist’ judge.”

J. David Goodman of The New York Times reports that “Texas Attorney General Tries to Block a Court-Approved Abortion; Ken Paxton is asking the State Supreme Court to overturn a judge’s decision to allow an abortion for a woman whose fetus has a fatal condition.”

Eleanor Klibanoff of The Texas Tribune reports that “Ken Paxton asks Texas Supreme Court to stop Dallas woman from getting an abortion; The state attorney general’s petition comes after a Travis County district judge cleared the way for Kate Cox, 31, to terminate her pregnancy.”

In commentary, online at The Washington Post, columnist Ruth Marcus has an essay titled “In Texas, Ken Paxton takes abortion law into his own hands.”

And online at Slate, law professor Mary Ziegler has a Jurisprudence essay titled “Texas Is Still Targeting Kate Cox After Her Historic Abortion Win.”

Posted at 9:42 PM by Howard Bashman



“One Law Firm Prepared Both Penn and Harvard for Hearing on Antisemitism; The presidents of Harvard, the University of Pennsylvania and M.I.T. came under fire after dodging questions about their policies”: Lauren Hirsch of The New York Times has this report.

Posted at 9:12 PM by Howard Bashman



“Pro-Trump lawyer Kenneth Chesebro cooperating in multiple state probes into 2020 fake electors plot”: Zachary Cohen and Marshall Cohen of CNN have this report.

Update: In other coverage, Danny Hakim of The New York Times has an article headlined “As More ‘Fake Electors’ Face Charges, a Key Witness Emerges; Kenneth Chesebro, an architect of the plan to deploy people claiming to be Trump electors in states won by President Biden, is cooperating with inquiries in Michigan, Arizona and Nevada.”

Posted at 4:32 PM by Howard Bashman



“What Would Sandra Day O’Connor Have Thought About Affirmative Action for Men? For decades, college-admissions offices have quietly imposed higher standards on female applicants.” Law professor Jeannie Suk Gersen has this Daily Comment online at The New Yorker.

Posted at 3:07 PM by Howard Bashman



“Appeals Court Upholds, but Narrows, Gag Order on Trump in Election Case; A three-judge panel largely left in place an order limiting what the former president can say about his upcoming federal trial but allowed him more leeway to criticize Jack Smith, the special counsel”: Alan Feuer of The New York Times has this report.

Rachel Weiner of The Washington Post reports that “Trump gag order reinstated but narrowed in Jan. 6 case; The U.S. Court of Appeals for the D.C. Circuit said Trump cannot comment on the testimony of likely witnesses, but he can single out Special Counsel Jack Smith.”

Alanna Durkin Richer and Eric Tucker of The Associated Press report that “Appeals court upholds gag order on Trump in Washington case but narrows restrictions on his speech.”

And Katelyn Polantz, Holmes Lybrand, and Paula Reid of CNN report that “Appeals court maintains most of Trump gag order in federal election subversion case.”

You can access today’s redacted ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 2:53 PM by Howard Bashman



“Trump on Trial: The Looming Legal and Political Collision; The former president’s trial in one of his four criminal cases is scheduled for early March, putting his legal drama and the race for the White House on an unprecedented trajectory.” Alan Feuer, Maggie Haberman, and Jonathan Swan of The New York Times have this report.

Posted at 1:52 PM by Howard Bashman



“Jefferson Davis: President of the United States? Five Responses to the Jefferson Davis Horrible.” Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy.”

Posted at 1:45 PM by Howard Bashman



“Healey taps state solicitor, former appointee to fill first open seat on Supreme Judicial Court”: Matt Stout of The Boston Globe has this report.

And Alvin Buyinza of The Republican of Springfield, Massachusetts reports that “Gov. Maura Healey nominates Mass. Solicitor Elizabeth Dewar to fill SJC seat.”

Today, Massachusetts Governor Maura Healey issued a news release titled “Governor Healey Nominates State Solicitor Elizabeth N. Dewar to Supreme Judicial Court.”

Posted at 1:40 PM by Howard Bashman



“The Seventh Amendment, Private Rights, and Administrative Penalties; a few comments on the oral arguments in SEC v. Jarkesy”: Will Baude has this post at “The Volokh Conspiracy.”

Posted at 1:34 PM by Howard Bashman



Thursday, December 7, 2023

“The gang submits an amicus brief: the mods of /r/law and /r/scotus filed an amicus in the Netchoice case.” orangejulius has this post at Reddit’s r/law forum. You can access the amicus brief at this link.

Posted at 9:54 PM by Howard Bashman



“Trump appeals Jan. 6 immunity ruling, launching process that may delay trial; Both appeals court and Supreme Court would have to rule on appeals quickly for trial to begin before 2024 election, experts say”: The Washington Post has this report.

Posted at 9:40 PM by Howard Bashman



“Appeals court orders Galveston County to use controversial voting map”: B. Scott Mclendon of The Daily News of Galveston, Texas has this report.

And at his “Election Law Blog,” Rick Hasen has a post titled “5th Circuit, Sitting En Banc, and Over 6 Dissenting Votes, Stops Redistricting Remedy for Galveston, Texas for Voting Rights Act Violations; Argument Not Until May.”

You can access today’s en banc order of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 9:21 PM by Howard Bashman



“Justice Thomas’s Unintentionally Ironic Concurrence in the Self-Appointed Tester Case”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 8:26 PM by Howard Bashman



“Griswold v. Anderson: The Section 3 Case Before The Colorado Supreme Court.” Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy.”

Posted at 8:20 PM by Howard Bashman



“Texas Judge Grants Woman’s Request for Abortion, in Rare Post-Roe Case; A state court judge said a woman whose fetus was diagnosed with a fatal condition could legally obtain an abortion despite the state’s bans”: J. David Goodman of The New York Times has this report.

Pradnya Joshi of The Washington Post reports that “Texas judge allows abortion in Cox case as AG Paxton threatens legal action; The case is believed to be among the first to seek court approval since Roe v. Wade was overturned by the Supreme Court.”

Jennifer Calfas of The Wall Street Journal reports that “Texas Judge Grants Pregnant Woman’s Request for Abortion; Kate Cox filed a lawsuit after learning that her fetus has a fatal chromosomal disorder.”

Bayliss Wagner of The Austin American-Statesman reports that “Texas judge allows emergency abortion in first case of its kind since before Roe v. Wade.”

Eleanor Dearman of The Fort Worth Star-Telegram reports that “Dallas area woman whose life and future fertility are at risk can get abortion, judge rules.”

Eleanor Klibanoff and Neelam Bohra of The Texas Tribune report that “Judge says Texas woman may abort fetus with lethal abnormality; Kate Cox, 31, at 20 weeks pregnant, has learned her fetus has a lethal abnormality that is almost always fatal at birth.”

Daniella Silva of NBC News reports that “Pregnant Texas woman says she’s ‘hopeful’ after judge grants emergency request to get an abortion; A Dallas-area mother found out that her fetus has trisomy 18, a genetic condition that can cause stillbirth or death of a newborn; The court order allows her to end the pregnancy.”

And Kirk McDaniel of Courthouse News Service reports that “Texas judge permits woman to end nonviable pregnancy; AG warns of legal action; While the judge’s order grants the plaintiffs to receive an abortion, Texas Attorney General Ken Paxton warned of possible legal action against the hospital where the procedure is set to take place.”

Posted at 8:17 PM by Howard Bashman



“A Plan to Outlaw Abortion Everywhere; Activists hope a Trump Justice Department would criminalize the procedure, with or without a federal ban”: Elaine Godfrey of The Atlantic has this report.

Posted at 1:31 PM by Howard Bashman



“Women Are Driving the Pressure For Supreme Court Reform; Polling data suggests that the justices underestimated how angry people get when their fundamental rights no longer exist”: Maryann Cousens has this essay online at Balls and Strikes.

Posted at 1:24 PM by Howard Bashman



“The Arizona Supreme Court could split evenly on a key abortion case. Here’s what that means.” Ray Stern of The Arizona Republic has this report.

Posted at 1:22 PM by Howard Bashman



“Not just the Supreme Court: Ethics troubles plague state high courts, too; North Carolina’s Supreme Court chief justice heard cases despite a conflict of interest; Experts say judicial ethics at state high courts everywhere don’t receive the scrutiny they deserve”: Aaron Mendelson of The Center for Public Integrity has this report.

Posted at 1:16 PM by Howard Bashman



“Preparing For Rehnquist’s Resignation; Following re-election, George W. Bush White House gets ready”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 10:48 AM by Howard Bashman



“Recent Rulings, Verdicts Land Pa. Courts in Tie for No. 1 Judicial Hellhole; Attorneys in Pennsylvania were quick to criticize the report, with the Alfred Carlson, president of the Philadelphia Trial Lawyers Association saying ‘ATRF’s suggestion that Pennsylvania and Philadelphia are judicial hellholes is an affront to the citizens of the Commonwealth and their elected officials.’” The Legal Intelligencer has published this more Pennsylvania-centric version of Everett Catts’s article covering the 2023/2024 American Tort Reform Foundation’s Judicial Hellholes Report.

Posted at 10:42 AM by Howard Bashman



“Friend of the Court, Friend of the Truth: An Exchange Between Politico and Robert P. George.” Robert P. George has this essay online at Public Discourse.

Posted at 10:34 AM by Howard Bashman



Wednesday, December 6, 2023

“Supreme Court May Push Sackler Opioid Case to Congress; Chief Justice John Roberts appeared ready to shunt the unusual Purdue Pharma settlement to legislators; But does he have the votes?” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:04 PM by Howard Bashman



“Colorado Supreme Court Takes Up Trump’s Eligibility to Be President; A district court judge ruled last month that the 14th Amendment barred insurrectionists from every office except the nation’s highest; ‘How is that not absurd?’ one justice asked of that notion”: Maggie Astor of The New York Times has this report.

Nick Coltrain of The Denver Post has an article headlined “‘Why not spell it out?’ Colorado justice asks as skeptical Supreme Court hears Trump ballot challenge; If 14th Amendment applies to presidency — and what constitutes insurrection — were among questions.”

Kyle Cheney, Zach Montellaro, and Erica Orden of Politico report that “Colorado’s top court offers few hints on whether it will remove Trump from ballot; The court’s seven justices, all Democratic appointees, heard two hours of arguments on Trump’s eligibility under the 14th Amendment’s insurrection clause.”

And Amanda Pampuro of Courthouse News Service reports that “Voters ask Colorado Supreme Court to bar Trump from GOP primary ballot; Citing the 14th Amendment’s prohibition on insurrectionists, six Colorado voters petitioned the secretary of state’s office in September to disqualify former President Donald Trump from the state’s GOP primary ballot in 2024.”

Posted at 9:53 PM by Howard Bashman



“Quick appeal vowed in ruling finding Wisconsin’s 1849 law doesn’t ban abortions”: Molly Beck of The Milwaukee Journal Sentinel has this report.

And Kelsey Jukam of Courthouse News Service reports that “Wisconsin judge declares 1849 law does not apply to consensual abortions; The 1849 law pertains to feticide, not abortion, a Dane County Circuit Court judge ruled Tuesday.”

You can access today’s ruling of the Dane County, Wisconsin Circuit Court at this link.

Posted at 9:46 PM by Howard Bashman